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Hurt City Zoning Code

ARTICLE II

- DISTRICTS

Sec. 28-21. - Establishment of districts.

For the purpose of this chapter, the incorporation area of the town is hereby divided into five districts as follows:

Residential R-1
Residential R-2
Residential R-3
General Commercial C-1
Limited Industrial I-1

 

(Code 1967, § 4-2; Ord. of 12-6-2022(14), § 1)

Sec. 28-22. - Official zoning map.

(a)

The town is hereby divided into districts as indicated in section 28-21, and as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

The official zoning map shall be identified by the signature of the mayor attested by the town clerk, and bearing the seal of the town under the following words: "This is to certify that this is the official zoning map referred to in section 28-22 of the Code of the Town of Hurt, Virginia" together with the date of the adoption of the ordinance from which this chapter is derived.

(c)

If, in accordance with the provisions of chapter 20 and Code of Virginia, title 15.2, ch. 22 (Code of Virginia, § 15.2-2200 et seq.) changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the town council, with an entry on the official zoning map as follows: "On [date], by official action of the town council, the following [change] changes were made in the official zoning map: [brief description of nature of change]," which entry shall be signed by the mayor and attested by the town clerk. No amendment to this chapter which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.

(d)

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in article XI of this chapter.

(e)

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 town manager shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the town.

(f)

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 town council may by resolution adopt a new official zoning map which shall supersede the prior 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 amendment thereof. The new official zoning map shall be identified by the signature of the mayor attested by the clerk, and bearing the seal of the town under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted May 2010 pursuant to section 28-22 Code of the Town of Hurt, Virginia."

(g)

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

(Code 1967, § 4-3; Ord. of 12-6-2022(15), § 1)

Sec. 28-23. - Rules for interpretation of district boundaries; access to a use deemed equivalent of the use.

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

(1)

a.

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines;

b.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

c.

Boundaries indicated as approximately following town limits shall be construed as following such town limits;

d.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

e.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;

f.

Boundaries indicated as parallel to or extensions of features indicated in subsections (1)a through e of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

g.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1)a through f of this section, the planning commission shall interpret the district boundaries.

h.

Where a district boundary line divides a lot which was in single ownership at the time of passage of the ordinance from which this chapter is derived, the planning commission may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(2)

Where one or more lots or parcels of land (the transit parcel) is used for vehicular or pedestrian access to another lot or parcel (the accessed parcel) the transit parcel shall be deemed the same use as the accessed parcel and must comply with the use regulations in the district in which it is situated.

(Code 1967, § 4-4)