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Montgomery Town City Zoning Code

§ 235-5.2

Boundaries of districts on Zoning Map.

The boundaries of each of the districts listed in § 235-5.1 are hereby established as shown upon the duly adopted Zoning Map[1] which accompanies this chapter, and which, with all notations, references and other matters shown thereon, is hereby declared a part of this chapter.
A. 
The district boundary lines, unless shown otherwise, are intended generally to follow street center lines, railroad right-of-way lines, lot lines, boundaries of subdivisions or municipal boundary lines, all as shown on the Zoning Map. Where a district boundary line does not follow such a line, but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the outside edge of all rights-of-way rather than from their center lines.
B. 
The district boundary lines, unless shown otherwise, are intended generally to follow street center lines, stream channel center lines, railroad right-of-way lines, lot lines, boundaries of subdivisions or municipal boundary lines, all as shown on the Zoning Map. Where a district boundary line does not follow such a line, but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the outside edge of all rights-of-way rather than from their center lines.
[Amended 4-18-2022 by L.L. No. 6-2022]
C. 
When the location of a district boundary line cannot be otherwise determined, the determination thereof shall be made by the Building Inspector by scaling the distance on the Zoning Map from a line of known location to such district boundary line.
D. 
In the case of uncertainty as to the true location of a district boundary line in a particular instance, an appeal may be taken to the Zoning Board of Appeals as provided in § 235-15.3.
E. 
When a district boundary line divides a lot at the effective date of this chapter or any subsequent amendment thereto, the applicant may apply to the Zoning Board of Appeals for a variance or variances to extend a proposed use from one district into the adjacent district subject to all of the criteria for variances as set forth in this chapter and/or other applicable law. Nothing herein contained shall imply that such variance application should or must be granted.
F. 
The district boundary descriptions contained in the zoning ordinances adopted prior to 1971 and shown on the Zoning Map that formed a part thereof, both as amended, revised and reenacted from time to time, are hereby superseded in their entirety by the provisions of § 235-5 and by the Zoning Map which forms a part of this chapter.[2]
[2]
Editor's Note: The most recent Zoning Map is on file in the Town offices.
[1]
Editor's Note: The Zoning Map is on file in the Town offices.