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Alleghany County Unincorporated
City Zoning Code

ARTICLE II

APPLICATION OF REGULATIONS

Sec. 66-31.- Application of regulations.

The regulations set by this chapter within each district shall apply uniformly to each class or kind of structure or land, except as follows:

(1)

Use, occupancy and construction. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be constructed except in conformity with the regulations specified in this chapter for the district in which it is located.

(2)

Use of required yard, open space, area, parking or loading space for one structure or use to meet requirement for another. No other part of a yard or other open space, area, or off-street parking or loading space required about or in connection with any structure for the purpose of complying with this chapter shall be included as part of a yard, open space, area or off-street parking or loading space similarly required for any other structure.

(3)

Reduction of lots or areas below minimum prohibited. No lot or area existing on November 1, 1988, shall be reduced in dimension or area below the minimum requirements set forth in this chapter except for the purpose of meeting or exceeding standards set forth in this chapter. Lots or areas created after November 1, 1988, shall meet at least the minimum requirements established by this chapter and shall not be platted and recorded unless the minimum requirements are met.

(4)

Reduction of yards below minimum. No yards existing on November 1, 1988, shall be reduced in dimensions below the minimum requirements set forth in this chapter, unless such yard restrictions would constitute an unreasonable and undue hardship. In such cases, the owner of the lot or parcel may apply to the board of zoning appeals for a variance, and if granted the board shall determine the minimum requirements consistent with provision of adequate light and air; prevention of loss of life, health or property from fire or other dangers; and prevention of danger in travel.

(5)

Modified yard requirements. The setback requirements of this chapter for yards facing streets shall not apply to any lot where the average setback on developed lots within 400 feet of the parcel and fronting on the same street is less than the minimum. In such cases, the setback on such lot may be less than the required setback but not less than the average of the existing setbacks on the existing developed lots.

(Amdmt. No. 93-4, 8-17-93)

Sec. 66-32. - Interpretation.

Where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines at right angles to such centerlines shall be construed to be the boundaries, as the case may be.

(2)

Where a district boundary is indicated to follow a river, creek or branch or other body of water, the boundary shall be construed to follow the centerline of low water or the limit of jurisdiction of the county.

(3)

If no distance, angle, curvature description or other means is given to determine a boundary line accurately, the boundary line shall be determined by the use of the scale shown on the zoning map, and in case of dispute in the use thereof, the determination of the zoning administrator shall be final unless overturned by the board of zoning appeals.

(4)

Such determination of district boundaries shall be made by the zoning administrator. If uncertainty exists as to the location of such boundaries and the owner or his authorized representative wishes to challenge or contest the zoning administrator's interpretation, the matter shall be referred to the board of zoning appeals for final decision.