ADOPTING ORDINANCE

ORDINANCE NO. 1303

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SOUTHERN PINES, NORTH CAROLINA

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed an amending supplement to the Code of Ordinances of the Town of Southern Pines, which contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances; and

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the North Carolina code and current procedures/policies of the Town of Southern Pines; and

WHEREAS, it is the intent of the Southern Pines Town Council to accept these updated sections in accordance with the changes of the law of the State of North Carolina and current procedures/policies of the Town of Southern Pines; and

WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL SUBDIVISION OF THE TOWN OF SOUTHERN PINES:

Section 1.   That the headings on Pages 7, 11, 13, 15, 17, 19, 21, 23, and 25 be changed to read, "Southern Pines – Administration";

Section 2.   That Section 33.25 Board of Adjustment be deleted in its entirety and replaced with Section 33.25 Board of Adjustment 33.25 General Provisions to read as follows:

The provisions for the establishment and operation of the Board of Adjustment appear in Article III, Part II of Chapter152.

Section 3.   That Sections 33.40, 33.41, 33.42, 33.43, 33.44, 33.45, 33.46, 33.47, 33.48, 33.49, 33.50, 33.51, 33.52, 33.53 Planning Board shall be deleted in its entirety and replaced with Section 33.40 General Provisions to read as follows:

The provisions for the establishment and operation of the Planning Board in Article III, Part I, of Chapter 152.

Section 4.   That Section 45 Powers and Duties of the Historic District Commission (a)(2) be changed to read as follows:

(2)   Issue certificates of appropriateness in accordance with the procedures delineated in G.S. 160A-400.9

Section 5.   That Section 45 Powers and Duties of the Historic District Commission (c) be changed to read as follows:

(c)   The commission may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this ordinance and G.S. 160A400.7 through 400.14.

Section 6.   That Section 172.1 Industrial Use Limitations by SIC Code Designation in the General Business Code of Appendix A of the Unified Development Ordinance be amended to reflect SIC Code numeral 39 as numeral 38, and SIC Code numeral 40 as numeral 39.

Section 7.   That General Regulations, Recycling include the following:

RESIDENTIAL CURBSIDE RECYCLING

Recyclable materials shall be placed in recycling containers provided by the Town. The recycling containers shall be placed curbside by 7:00 a.m. on the scheduled collection day.

RECYCLING AT MULTI-FAMILY COMPLEXES

Multi-family complexes which receive garbage service by the use of dumpsters and other multi-family complexes as deemed appropriate by the Director of Public Services will be provided with 65 gallon carts or other appropriate containers for storage of recyclable materials. The carts shall be placed at locations as agreed upon by the manager of such complexes for the convenience of the residents and the Town.

RECYCLING AT COMMERCIAL ESTABLISHMENTS

Each commercial establishment will be provided with one or more recycling containers or carts by the Town as deemed appropriate by the Director of Public Services. The containers and carts shall be placed curbside or at other locations approved by the Director of Public Services by 7:00 a.m. on the scheduled collection day.

PLACING SOLID WASTE IN RECYCLING CONTAINERS PROHIBITED

No person shall put, place, or deposit any solid waste except those items designated by the Director of Public Services as recyclable materials in recycling containers and carts furnished by the Town. Such solid waste materials shall be accumulated and placed in receptacles and at locations as required in this chapter.

Section 8.   That the amending supplement to the Code of Ordinances of the Political Subdivision as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 9.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 10.   That this ordinance shall be and remain in full force and effect from and after the date of its adoption.

Adopted this 9th day of September, 2008.

I certify that this ordinance was adopted by the Town Council of the Town of Southern Pines at its meeting of September 9, 2008, as shown in the minutes of the Town Council for that date.

Eleanore Dreher /s/

Eleanore Dreher

Town Clerk of the Town of Southern Pines