In order to regulate and restrict the location and use of buildings and land for trade, industry, residence, and other purposes; to regulate and restrict the location, height and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces and the density of population, the following zoning districts are hereby established:

(Ord. of 1-23-91)

For the purpose of reference hereafter in this Ordinance unless specifically provided to the contrary, the term "Residential District" shall include all Conservation, Residential, and Residential Mobile Home Districts. The term "Business District" shall include all Business Districts.

Such land and the district classification thereof shall be as shown on the map or maps designated as the "Zoning District Map of Big Stone Gap, Virginia," dated, and signed by the Mayor and attested by the Town Clerk, upon adoption. This Zoning District Map or maps, and all notations, dimensions, references, and symbols shown thereon, pertaining to such districts shall be as much a part of this Ordinance as if fully described herein and shall be filed as part of this Ordinance by the Town Clerk. Said Map shall be available for public inspection in the office of the Town Clerk. Such map shall be marked "Original Copy not to be altered or removed from the Clerk's office except on Court Subpoena."

This map together with subsequent applicable amendments shall be conclusive as to the current zoning status of land.

No later than March 31 of the year following adoption of this Ordinance, prints of the several sheets of the Zoning District Map, clearly showing the zoning district boundaries and zoning district names and designations for the incorporated area of Big Stone Gap, shall be made available to the public. In each calendar year thereafter, if there have been any changes in the permitted uses, zoning district boundaries, zoning regulations, and classifications in the preceding year, such map or affected sheet thereof shall be revised no later than March 31, reflecting all such changes as of December 31 of the preceding year.

Any person desiring a copy of any sheet of said Zoning District Map shall pay a reasonable fee as established by the Administrator for each copy thereof, to the appropriate Town official. Such fees shall be applied to defray the cost of revising and printing of the District Map.

Information copies of the Zoning District Map shall be made available for inspection at the office of the Administrator and such other locations asmay be necessary or convenient. These maps shall be revised as described above, to show changes in zoning district boundaries as officially approved.

Drafting errors or omissions may be corrected, but no changes in zoning district boundaries may be made except to show amendments properly adopted by the Town Council.

At least once every five (5) years, the Planning Commission and the Board of Zoning Appeals shall review the zoning regulations and the Zoning District Map to determine whether it is advisable to amend the regulations or the map, or both, to bring them in accord with the objectives of the Comprehensive Plan, to take advantage of new techniques or to encourage improved building practices which may have been developed and which may have application in Big Stone Gap, to correct deficiencies or difficulties which may have developed in administration, or for such other reasons as the Commission or the Board may determine. The Commission and the Board shall submit reports on their findings to the Town Council. In the preparation of these reports the Commission and the Board shall consult with the LENOWISCO Planning District Commission, officials in the County responsible for development of the County Comprehensive Plan and the administration of the Ordinance and such other persons as they believe may contribute to the review.

1.

A district name or letter-number combination shown on the district maps indicates that the regulations pertaining to the district designated by that name or letter-number combinations extend throughout the whole area in the town bounded by the district boundary lines within which such name or letter-number combination is shown or indicated, except as otherwise provided by this section.

2.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of these regulations, the following rules apply:

(a)

In cases where a boundary line is given a position within a street or alley, right-of-way easement, canal, navigable or non-navigable stream, it shall be deemed to be in the center of the right-of-way of the street, alley, right-of-way easement, canal or stream, and if the actual location of such street, alley, easement, canal, or stream varies slightly from the location as shown on the district map, then the actual location shall control.

(b)

In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control. Unless otherwise indicated, such distance shall be measured from the centerline of a street or road, alley, right-of-way easement, railroad, canal or stream, or similar linear feature.

(c)

Where the district boundaries as shown on the Zoning District Maps approximately coincide with lot lines or municipal boundaries, the lot lines or municipal boundaries shall be construed to be the district boundary line unless otherwise indicated.

(d)

In cases where district boundaries as shown on the Zoning District Maps do not coincide or approximately coincide with street lines, alley lines or lot lines, and no dimensions are shown, the location of such district boundary lines shall be determined by the use of the scale appearing on the map.

All areas within the limits of the incorporated area of Big Stone Gap which are under water are considered to be within a zoning district and controlled by applicable district regulations. District boundaries over water areas are located by noted or scaled dimensions, by relation to physical features, by coincidence with the town limits, or by a straight line projection of the district boundaries as indicated on the district maps. Straight line district boundaries over water areas shall be assumed to continue as straight lines until they intersect with each other or with the town limit line.