(a)

This chapter shall be enforced by the administrator who shall be appointed by the town council. the administrator shall serve at the pleasure of that body. Compensation for such shall be fixed by resolution of the town council.

(b)

Nothing contained herein shall require any change in the plans or construction of any building or structure for which a building or other permit was granted prior to the effective date of the ordinance from which this chapter is derived. However, such construction must commence 30 days after this chapter becomes effective. If construction is discontinued for a period of six months or more, further consideration shall be in conformity with the provisions of this chapter for the district in which the operation is located.

(c)

Interpretation. Unless district boundary lines are fixed, by the dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the aforesaid district 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 center lines of streets, highways, alleys, or railroad tracks, such center line or lines at right angles to such center lines, shall be construed to be such boundaries as the case may be.

(2)

Where a district boundary is indicated to follow a river, creek, or branch or other body water, said boundary shall be construed to follow the center line at low water or at 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.

(3)

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 same shall be determined by the use of the scale shown on said zoning map. In the case of subsequent dispute, the matter shall be referred to the board of zoning appeals which shall determine the boundary.

(4)

The district boundary lines as shown on the initial zoning map reflect property lines on file as of April 15, 1992. The boundaries for each zone are described herewith, listed by type of zone. References to street or roads will follow the right-of-way of said street or road, regardless of whether the street or road is actually open.

(5)

Residential District R-1:

a.

Beginning at the top of the cliff overlooking the entrance ramp to U.S. 23-58-421 on the west end of town at the corporation limits, then along the corporation limits to a branch just southwest of State Route 665, then along said branch to the terminus of Old Rye Cove Road, then along Old Rye Cove Road to Fir Street, then along Fir Street to Cypress Street, then along Cypress Street to Scott Street, then along Scott Street to West Jackson Street, then along West Jackson Street to a branch near Horton Street, then along said branch to a point 200 feet past the extended centerline of Franklin Street, from that point, paralleling West Jackson Street to a branch between Starnes Street and Sue Street, then along said branch to West Jackson Street, then along West Jackson Street to Sue Street, then along Sue Street to the rear property lines of the commercial office property known as 372 West Jackson Street, then along said property line to the property known as 378 West Jackson Street, then along the rear of property of said property line to Linda Street, then along West Jackson Street to the edge of Marcum Pond, then along the top of the cliff overlooking Marcum Pond back to the beginning.

b.

Beginning on the northeast side of State Route 665 at the corporation limits, then along the corporation limits to the extended southwestern side of Sargeant Street at its intersection with Wolfe Street, then along said extended line to Wolfe Street, then along Wolfe Street to the extended centerline of Sargeant Street at its intersection with Ruth Road, then along said line to Ruth Road, then along Ruth Road to Solon Street, then 250 feet south along Solon Street, then at a right angle to the rear property line of property fronting the northeast side of Anderson Street, then along the rear property lines of Anderson Street to an unnamed road, then along the extended centerline of said street to the rear property line of property line on the southwest side of Ravine Street, then along said rear property lines to the extended centerline of Poplar Street, then along said line and Poplar Street to Carter Street, then along Carter Street to Monte Vista Drive, then along Monte Vista Drive and its extended centerline to the rear property line of property fronting the northeast side of Cleveland Street, then paralleling Cleveland Street to the extension of the centerline of Holly Street, then along Holly Street to State Route 665, then along State Route 665 back to the beginning.

c.

Beginning on the northeast side of State Route 665 at the corporation limits, then along the corporation limits, to a point 100 feet southwest of State Route 619, then paralleling State Route 619 to Lynn Drive, then along Lynn Drive to an unnamed road that runs between Lynn Drive and East Jackson Street, then along said road to East Jackson Street, then along East Jackson Street to State Route 666, then along State Route 666 back to the beginning.

d.

Beginning at the intersection of the extended centerline of Benton Street and the corporation limits, then along the corporation limits, across State Route 71 to State Route 796, then along State Route 796 to State Route 71, then along State Route 71 to Benton Street, then along the extended centerline of Benton Street back to the beginning.

e.

Beginning at a point where the extension of the centerline of the post office access road intersects Broadwater Avenue, then along Broadwater Avenue to Old Nickelsville Road, then along Old Nickelsville Road to Pike Branch, then along Pike Branch to the corporation limits, then along the corporation limits to the Norfolk-Southern Railroad, then along the railroad to Kane Street, then along Kane Street to Jones Street, then along Jones Street to the extended centerline of the road that goes from Shoemaker Elementary School to Bishop Drive, then along said line to Bishop Drive, then along Bishop Drive to Elm Street to the extended centerline of Robin Lane, then along said line to Jones Street, then along Jones Street to the rear property line of the post office, then along the rear property lines of the post office and the division of motor vehicles properties to the property line of Gatewood Apartments, then along said property line to the extended centerline of the post office access road, then along said line back to the beginning.

f.

Beginning at a point where the extension of the centerline of West Barker Street intersects Little Moccasin Creek, along Little Moccasin Creek to the Norfolk-Southern Railroad, then along the railroad to Moccasin Street, then along Moccasin Street to Magnolia Avenue, then along Magnolia Avenue to an unnamed road, then along the extended centerline of said road to U.S. 23-58-421, then along U.S. 23-58-421 to the corporation limits, then along the corporation limits to the extended centerline of West Barker Street, then along West Barker Street back to the beginning.

(6)

Residential District R-2:

a.

Beginning at West Jackson Street at the corporation limits, then along West Jackson Street to Snodgrass Street, then along Snodgrass Street to the Norfolk-Southern Railroad, then along the railroad to a branch that lies on the east side of the West End Mobile Home Park, then along said branch to a point that is intersected by a line that parallels West Jackson Street and runs 200 feet north of the intersection of the extended centerline of Franklin Street and a branch that lies near Horton Street, then along said line to said branch, then along said branch to West Jackson Street, then along West Jackson Street to Scott Street, then along Scott Street to Cypress Street, then along Cypress Street to Fir Street, then along Fir Street to Old Rye Cove Road, then along Old Rye Cove Road to its terminus near a branch, then along said branch to the corporation limits, then along the corporation limits to State Route 665, then along State Route 665 to Holly Street, then along Holly Street to a point northeast of Cleveland Street, said point being the rear property line of property facing Cleveland Street, then paralleling Cleveland Street to the extended centerline of Monte Vista Drive, then along Monte Vista Drive and its extended centerline to Carter Street, then along Carter Street to Poplar Street, then along Poplar Street and its extended centerline to the rear property lines of lots fronting on the southwest side of Ravine Street, then along the rear property lines of said lots to the extended centerline of Dhu Street, then along said line to the rear property line of lots facing the northeast side of Ravine Street, then along said rear property lines to an unnamed road, then along the extended centerline of said street to the rear property lines of property facing the northeast side of Anderson Street, then along the rear property lines of Anderson Street to a line forming a right angle with Solon Street, 250 feet south of Ruth Road, then along said line to Solon Street, then north along Solon Street to Ruth Road, then along Ruth Road to the extended centerline of Sargeant Street, then along this extended centerline of Sargeant Street, then along this extended centerline to Wolfe Street, then along said extended line to the corporation limits then along the corporation limits to State Route 666, then along State Route 666 to East Jackson Street, then along East Jackson Street to Jones Street, then along Jones Street to Robin Lane, then along Robin Lane and its extended centerline to Elm Street, then along Elm Street and Bishop Drive to the southern property line of the Scott County School Board, then along said line to Margie Street, then along Margie Street to Solon Street, then along Solon Street to East Jackson Street, then along East Jackson Street to the eastern property line of the old post office, then along said line to the rear of said property, then along the northern property lines of said property, the Scott County Professional Building and Signet Bank to Woodland Street, then along Woodland Street to Walnut Street, then along Walnut Street to the rear property line of 124 Cleveland Street, then along the rear property lines of 124 and 120 Cleveland Street to Willow Street, then along Willow Street to western property line of the lot housing Gillenwater and Associates, then along said property line to West Jackson Street, then along West Jackson Street to the extended centerline of Cemetery Street, then along Cemetery Street to the extended centerline of Willow Street, then along Willow Street to Depot Street, then along Depot Street to an unnamed street behind the Starnes Building, then along said street to Fir Street, then along Fir Street to Park Street, then along Park Street to the western end of the Addington Oil Company property, then along said property line to the Norfolk-Southern Railroad, then along the railroad to West Barker Street to the corporation limits, then along the corporation limits back to the beginning.

b.

Encompassing the property lines of Gatewood Apartments.

c.

Beginning at the corporation limits, 100 feet southwest of State Route 619, then along the corporation limits to the extended centerline of Benton Street, then along said line to the extended centerline of Lynn Drive, then along said line to a point 100 feet southwest of State Route 619, then paralleling State Route 619 back to the beginning.

d.

Beginning at the intersection of State Route 71 and Old Nickelsville Road, then along State Route 71 to State Route 796, then along State Route 796 to the corporation limits, then along the corporation limits to a point perpendicular to the beginning, then back to the beginning.

e.

Beginning at the intersection of the extended centerline of an unnamed road platted east of Gateway Plaza with U.S. 23-58-421, then along U.S. 23-58-421 to Wilcox Avenue, then along Wilcox Avenue and its extended centerline to the corporation limits, then along the corporation limits to the extended centerline of the unnamed road platted east of Gateway Plaza, then along said line back to the beginning.

f.

Beginning at the intersection of the eastern property line of Pal's of Gate City with Margie Street, then along Margie Street to the Norfolk-Southern Railroad, then along the railroad to Kane Street, then along Kane Street to U.S. 23-58-421, then along U.S. 23-58-421 to the extended centerline of an unnamed road that intersects Magnolia Avenue, then along said line to Magnolia Avenue, then along Magnolia Avenue to Moccasin Street, then along Moccasin Street to Little Moccasin Creek, then along the creek to the eastern property line of Pal's of Gate City, then along said line back to the beginning.

(7)

Manufactured Housing Residential District R-3:

a.

Beginning at the intersection of the extended centerline of Dhu Street with Ravine Street, then along said line to the rear lot lines of property facing the northeast side of Ravine Street, then northwest along said lot lines to the extended centerline of an unnamed road, then along said extended centerline to the rear lot lines of property facing the southwest side of Ravine Street, then along said lot lines to the extended centerline of Dhu Street, then along said extended centerline back to the beginning.

b.

Beginning at the intersection of State Route 71 and Broadwater Avenue, then along State Route 71 to Old Nickelsville Road, then along Old Nickelsville Road to Broadwater Avenue, then along Broadwater Avenue back to the beginning.

(8)

Commercial District C-1:

a.

Beginning at the top of the cliff overlooking the entrance ramp to U.S. 23-58-421 on the west end of town at the corporation limits, then along the top of the cliff overlooking Marcum Pond and around the pond to West Jackson Street, then along West Jackson Street to the corporation limits, then along the corporation limits back to the beginning.

b.

Beginning at the intersection of Snodgrass Street and West Jackson Street, then along West Jackson Street to Linda Street, then along Linda Street to the rear property line of the property known as 378 West Jackson Street, then along said property line to the rear property line of the property known as 372 West Jackson Street, then along said property line to Sue Street, then along Sue Street to West Jackson Street, then along West Jackson Street to a branch that lies on the east side of the West End Mobile Home Park, then along said branch to the Norfolk-Southern Railroad, then along the railroad to Snodgrass Street, then along Snodgrass Street back to the beginning.

c.

Beginning at the intersection of Moccasin Avenue and Water Street, then along Water Street to Kane Street, then along Kane Street to an unnamed street behind the Scott Farmer's Cooperative, then along said unnamed road to Solon Street, then along Solon Street to Margie Street, then along Margie Street to the southern property line of the Scott County School Board, then along said line to Bishop Drive, then along Bishop Drive to the extended centerline of the road that goes from Shoemaker Elementary School to Bishop Drive, then along said line to Jones Street, then along Jones Street to Kane Street, then along Kane Street to the Norfolk-Southern Railroad, then along the railroad to Margie Street, then along Margie Street to the eastern property line of Pal's of Gate City, then along said line to Little Moccasin Creek, then along the creek to Moccasin Street, then along Moccasin Street to the Norfolk-Southern Railroad, then along the railroad to Little Moccasin Creek, then along the creek to Moccasin Avenue, then along Moccasin Avenue back to the beginning.

d.

Beginning at the intersection of Jones and East Jackson Street, move West along East Jackson Street to the intersection of East Jackson Street and Red Hill Road, then North along Red Hill Road to the North border of 633 East Jackson Street, then move East along the North border of 633 East Jackson Street and continue along the border of the property lines of 663 East Jackson Street, 683 East Jackson Street and 729 East Jackson Street to Barker Subdivision Avenue, then along said road to Lynn Drive, then along Lynn Drive and its extended centerline to Aurora Street, then along Aurora Street to East Jackson Street, then along East Jackson Street to Broadwater Avenue then along said line to Gatewood Avenue, then along Gatewood Avenue to the rear property line of the division of motor vehicles, then along said line and the rear property line of the post office to Jones Street, then along Jones Street back to the beginning.

Noted changes:

(i)

The inclusion of the property in question.

(ii)

The changing of unnamed road to Barker Subdivision Avenue.

(iii)

The changing of Benton Street to Aurora Street.

e.

Beginning at the intersection of the Norfolk-Southern Railroad and Kane Street, then along the railroad to the corporation limits, then along the corporation limits to the extended centerline of Wilcox Avenue, then along Wilcox Avenue and its extended centerline to U.S. 23-58-421, then along U.S. 23-58-421 to the extended centerline of an unnamed road platted east of Gateway Plaza, then along said line to the corporation limits, then along the corporation limits to U.S. 23-58-421, then along U.S. 23-58-421 to Kane Street, then along Kane Street back to the beginning.

(9)

Central Business District C-2. Beginning at the intersection of Fir Street and West Jackson Street, then along Fir Street to an unnamed street behind the Starnes Building, then along said street to Depot Street, then along Depot Street to Willow Street, then along Willow Street to Cemetery Street, then along Cemetery Street to West Jackson Street, then along West Jackson Street to the western property line of the lot housing Gillenwater and Associates, then along said line to Willow Street, then along Willow Street to the rear property line of 120 Cleveland Street, then along the rear property lines of 120 and 124 Cleveland Street to Walnut Street, then along Walnut Street to Woodland Street, then along Woodland Street to the rear property lines of Signet Bank, Scott Professional Building and the old post office to the eastern property line of the old post office, then along said line to East Jackson Street, then along East Jackson to Solon Street, then along Solon Street to an unnamed street behind Scott Farmer's Cooperative, then along said street to Kane Street, then along Kane Street to Water Street, then along Water Street back to the beginning.

(10)

Industrial District M-1. Beginning at the intersection of West Barker Street and the Norfolk-Southern Railroad, then along the railroad to the western property line of Addington Oil Company, then along said line to Park Street, then along Park Street to Water Street, then along Water Street to Moccasin Avenue, then along Moccasin Avenue to Little Moccasin Creek to the extended centerline of West Barker Street, then along West Barker Street back to the beginning.

(d)

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

(e)

Conflicting ordinances. All conflicting ordinances or parts thereof which are inconsistent with the provision of this chapter are hereby repealed.

(Comp. Ords., § 24.15; amended 2-13-2001)

(a)

The regulations, restrictions, and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified, or repealed by a favorable majority of votes of the town council, provided:

(1)

That a property owner may petition the town council to have their property rezoned by submitting their request in writing to the administrator with payment by certified check in the amount of $40.00 made payable to the town, for advertising and administration.

(2)

That the planning commission and town council hold a public hearing where the parties of interest and citizens shall have an opportunity to be heard.

(3)

That the public hearing notice shall specify the time and place of such hearing by publication once a week for two successive weeks in some newspaper having general circulation in the immediate area. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than six nor more than 21 days after final publication. Where an amendment affects 25 or less parcels of land, in addition to the requirements of the first two sentences, written notice shall be given at least five days in advance of the hearing date to the owner or owners of each parcel involved, and to the owners of all abutting property, and property which may be situated across a street, right-of-way or other barrier from the property affected. Such notices shall be delivered by certified mail, the cost of which to be defrayed by the applicant. Where more than 25, but less than 500 parcels are involved, delivery by first class mail shall satisfy the requirements of this section.

(4)

That no zoning amendment can be enacted unless the town council has referred the proposed amendment to the planning commission for a report. Failure of the commission to report in 60 days after the first meeting of the commission after the proposed amendment or reenactment has been referred to the commission shall be deemed approval, unless such proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration of such time period.

(5)

That substantially the same amendment when disapproved will not be reconsidered for one year.

(b)

In addition to the above, the town council may initiate an amendment or amendments to this chapter. This shall be accomplished by a resolution of the town council and shall state the public purpose therefore.

(c)

The planning commission may by motion petition the town council to amend this chapter. Such motion shall state the public purpose to be accomplished and shall be accompanied by a report as to the proposed amendment. With the concurrence of the town council, the planning commission shall hold a public hearing in accordance with the provisions of this section.

(Comp. Ords., § 24.16)