The town council shall establish a schedule of fees and charges for building and zoning permits and related costs. Such schedule of fees and charges shall be posted in the office of the building and zoning administrator and may be amended only by action of the town council upon recommendation of the budget and personnel committee.

12.1.1—12.1.7. Repealed.

(Amended 1-18-2007)

This ordinance shall be enforced by the zoning administrator. The zoning administrator shall serve and be compensated in accordance with the town employee handbook.

Nothing contained herein shall require any change in the plans or construction of any building or structure for which a permit was granted prior to the effective date of this affix his signature ordinance. However, such construction must commence within 30 days after this ordinance becomes effective. If construction is discontinued for a period of six months, the provisions of this ordinance for the district in which the operation is located shall be adhered to.

12.4.1. Official zoning map. The location and boundaries of the zoning districts established by this ordinance are as indicated on a map entitled "Official Zoning Map, Town of Chincoteague, Virginia," identified by the signature of the mayor, attested to by the town manager, and bearing the seal of the town, together with the date of adoption of this said map shall be deemed to be part of this ordinance as if it were fully set forth herein.

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the zoning administrator, shall be the final authority as to the current zoning status of land, structures, and other uses in the town.

12.4.2. Amendment of the official zoning map. Whenever any amendment is made to the official zoning map by action of the governing body, such change shall be incorporated onto said map at such time and in such manner as the governing body may prescribe. Said changes shall be validated with reference to correct notation by the town manager, who shall thereto, thereby certifying that approved amendments to the official zoning map have been correctly incorporated. The date of official action and nature of the change shall be entered on the map. Any such change shall have the effect of law at 12:01 a.m. on the day following its legal adoption or on its effective date, if such effective date is officially established as other than the day following its legal adoption, whether or not it has been shown on the official zoning map.

12.4.3. Unauthorized changes. No changes of any nature shall be made on the official zoning map or any matter shown thereon, except in conformity with the procedures and requirements of this ordinance. It shall be unlawful for any person to make unauthorized changes on the official zoning map. Violations of this provision shall be punishable as provided in article X.

12.4.4. Replacement of the official zoning map. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the governing body may by resolution adopt a new official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendments thereof.

The new official zoning map shall be identified by the signature of the mayor, attested to by the town manager, and shall bear the seal of the town under the following words, "This is to certify that this Official Zoning Map was adopted on April 2, 2012 as part of the Zoning Ordinance of The Town of Chincoteague." Unless the prior official zoning map has been lost, or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendments.

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

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines, or highway right-of-way lines, such centerlines, street lines or highway right-of-way lines shall be construed to be such boundaries.

(2)

Where district boundaries are so indicated that they are approximately paralleled to the centerlines or street lines or streets, or the centerlines or right-of-way of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning map.

(3)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

(4)

Where a district boundary is indicated to follow a river, creek, branch, or other body of water, said boundary shall be construed to follow the centerline at low water or the limit of the jurisdiction, and in the event of change in the shoreline such boundary shall be construed as moving with the actual shoreline.

(5)

If no distance, angle, curvature description, or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the boundary line shall be a property line or extension of a property line determined by the use scale shown on the official zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals, which shall determine the boundary.

(4-2-2012)

The effective date of this ordinance shall be from and after its passage and legal application, and its provisions shall be in force thereafter until repealed.

Should any section or provision of this ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so held to be unconstitutional or invalid.

All conflicting ordinances or parts thereof which are inconsistent with the provisions of this ordinance are hereby repealed.