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Oak Ridge City Zoning Code

ARTICLE III

ZONING MAP

Sec. 30-111.- Establishment of official zoning map.

(a)

Official zoning map. The jurisdiction is hereby divided into zones, or districts, as established in article VII. The official zoning map shall be kept in digital format in the planning department and shall be made available for public inspection. Copies of the official zoning map, or portions thereof, may be made from time to time. These copies are informational only; the digital official zoning map is the final and sole authority as to the zoning status of land within the zoning jurisdiction of the Town of Oak Ridge.

(b)

Map changes. If changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered on the official zoning map. The planning director shall authenticate the entry of each amendment to the official zoning map and shall maintain a record of the nature and date of entry of each amendment. Prior maps will kept on file for inspection.

(c)

Incorporation by reference. Development regulations may reference or incorporate by reference flood insurance rate maps, watershed boundary maps, or other maps officially adopted or promulgated by state and federal agencies. For these maps a regulation text or zoning map may reference a specific officially adopted map or may incorporate by reference the most recent officially adopted version of such maps. When zoning district boundaries are based on these maps, the regulation may provide that the zoning district boundaries are automatically amended to remain consistent with changes in the officially promulgated state or federal maps, provided a copy of the currently effective version of any incorporated map shall be maintained for public inspection as provided in subsection (a) of this section.

(d)

Unauthorized changes. No changes in zoning district boundaries shall be made on the official zoning map, except in conformance with the procedures set forth in this chapter. Any unauthorized change shall be considered a violation of this chapter.

(e)

Purpose of the RS-30 and MH overlay zoning districts within this article. The RS-30 and MH overlay zoning districts are referenced in this article for the sole purpose of defining permitted uses and dimensional standards within the district for those areas identified as RS-30 or MH on the official zoning map. No property shall be rezoned to the RS-30 district or have the MH overlay district applied after the effective date of the ordinance from which this article is derived.

(Ord. of 1-6-2000, § 1-11; Ord. of 6-2-2016(1); Ord. No. O-2021-13, § 1, 7-1-2021)

Sec. 30-112. - Interpretation of district boundaries.

(a)

Boundary interpretation. Where uncertainty exists as to the boundaries of any district shown on the official zoning map, the following rules shall apply:

(1)

Centerline. Where a boundary line lies within and follows a street or alley right-of-way, a railroad right-of-way, or utility easement, the boundary shall be construed to be in the center of such street or alley right-of-way, railroad right-of-way, or utility easement. If such a street or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated road bed or utility easement.

(2)

Edge line. Where a boundary line follows the edge of a street or alley right-of-way, a railroad right-of-way, or utility easement, the boundary shall be construed to be in the edge of such street or alley right-of-way, railroad right-of-way, or utility easement. If such a street or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the edge of the abandoned or vacated road bed or utility easement.

(3)

Lot line. Boundaries indicated as approximately following lot lines shall be construed as following such lot lines. In the event that a district boundary line divides a lot or tract, each part of the lot or tract so divided shall be used in conformity with the regulations established by this chapter for the district in which said part is located.

(4)

Town limits. Boundaries indicated as approximately following town limits or extraterritorial boundary lines shall be construed as following the town limits or extraterritorial boundary lines.

(5)

County line. Boundaries indicated as approximately following county lines shall be construed as following the county line.

(6)

Watercourses. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

(7)

Extensions. Boundaries indicated as parallel to, or as extensions of street or alley rights-of-way, channelized waterways, railroad rights-of-way, utility easements, lot liens, town limits, county lines, or extraterritorial boundaries, shall be so construed.

(8)

Scaling. Where a district boundary does not coincide with any boundary lines as above and no distances are described by specific ordinance, the boundary shall be determined by the use of the scale appearing on the map. In the case of flood zones, corps of engineers work maps, if available, shall be used for scaling.

(9)

Watersheds. Outer boundaries of general watershed area districts indicated as approximately following ridge lines or streets shall be construed to follow ridge lines (the actual drainage basin boundaries).

(b)

Interpretation by board of adjustment. Where existing natural or manmade features on the ground are at variance with those shown on the official zoning map, or are not covered by section 30-112(a), the board of adjustment shall interpret the district boundary.

(c)

Annexation. If any portion of the territory subject to county jurisdiction under this chapter shall be annexed by a municipality, or taken into a municipality's extraterritorial jurisdiction by act of the general assembly, or in accordance with G.S. 160D-202, county regulations and powers or enforcement shall remain in effect until:

(1)

The municipality has adopted regulations for said annexed or extraterritorial area; or

(2)

A period of 60 days has elapsed following the effective date of annexation or extension of extraterritorial jurisdiction.

(3)

A proposal to exercise extraterritorial jurisdiction shall notify the owners of all parcels of land proposed for addition to the area of extraterritorial jurisdiction, as shown on the county tax records. The notice shall be sent by first-class mail to the last addresses listed for affected property owners in the county tax records. The notice shall inform the landowner of the effect of the extension of extraterritorial jurisdiction, of the landowner's right to participate in a legislative hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction, as provided in G.S. 160D-601, and of the right of all residents of the area to apply to the town council to serve as a representative on the planning board and the board of adjustment, as provided in G.S. 160D-303. The notice shall be mailed at least 30 days prior to the date of the hearing. The person or persons mailing the notices shall certify to the town council that the notices were sent by first-class mail, and the certificate shall be deemed conclusive in the absence of fraud.

(Ord. of 1-6-2000, § 1-12); Ord. No. O-2021-13, § 1, 7-1-2021)