Cape Charles to Hold Joint Public Hearing on Zoning Map Amendments

CAPE CHARLES, Va. — The Cape Charles Planning Commission and Town Council will host a joint public hearing on Monday, Nov. 18, 2024, to gather public input on proposed zoning map amendments.

The hearing, set to begin at 6:00 p.m. at the Cape Charles Civic Center (500 Tazewell Avenue), will follow a discussion on the Zoning Text Amendment 2024-02. The proposed changes aim to align zoning classifications with the town’s Comprehensive Plan and Future Land Use Map.

The zoning map amendments address several key updates, including:

• The elimination of the General Business/Light Industrial (GBI H-1), Residential Estate (RE), and Industrial (M-1) zoning districts.
• Reflecting property ownership and the designation of parcels in permanent conservation status by the state.
• Rezoning parcels to ensure their usage aligns with the Comprehensive Plan’s vision for future land use.

1. Article II – General Provisions:  update the district references; change the Violation and Penalty section to a civil penalty; remove Change of Use Section regarding NonConforming Building or Structure; remove Occupancy of Vacant Non-Conforming

Buildings or Structures; Update the Board of Zoning Appeals Powers and Duties to

Code of Virginia requirements; move the Definitions Section to new Appendix A

• Article III – District Regulations:  converted the dimensional information for each district into digestible charts and standardize each district to have a By-Right Use, Accessory Use and Conditional Use Category and move all Development Standards to a new section in Article IV.
  • Delete Residential Estate District (R-E)
  • Residential -1 District:
    • Add by-right use of (a) Duplex Dwellings, provided off-street parking is provided, (b) condominium dwellings; (c) cooperative dwellings; (d) manufactured home dwellings, (e) Group Homes, per Code of VA §15.2-

2291; delete dog pens; and move Home Occupations and Accessory Dwelling Units to Accessory Units, and (f) Short Term Rentals

• add Accessory Uses of (a) home occupations and Accessory Dwelling Units and accessory buildings and electric vehicle charging stations;
  • delete from Conditional Uses (a) libraries, museums, and office & meeting spaces for civic organizations; public utilities and services; neighborhood community center; and Adaptive Reuse of existing structures.

c) Residential-2 District:

• Add by-right use of condominium, cooperative, and manufactured home dwellings; Group Homes; Short Term Rentals
  • Streamline the Accessory Uses and Conditional Uses

d) Residential-3 District:

• Add by-right use of duplex, condominium, cooperative, manufactured home dwellings; Group Homes; parks & playgrounds; Short Term Rentals
  • Streamline the Accessory Uses and Conditional Uses

e) Commercial Residential CR

• Add by-right use of duplex, townhouse, condominium, cooperative, and manufactured home dwellings; Group Homes; Short Term Rentals; consolidated commercial and community uses
  • Added Accessory Uses section and streamlined Conditional Uses
• Commercial District C-1: streamline By-Right, Accessory and Conditional Use categories
• Commercial District C-2: streamline By-Right, Accessory and Conditional Use categories
• Commercial District C-3: streamline By-Right, Accessory and Conditional Use categories
• Restructure Harbor District into Harbor-Commercial and Harbor-Light Industrial
• Industrial District M-1 – Delete
• Industrial District M-2 with some modifications
• Retain Planned Unit Developments (PUD) with some modifications
• Delete General Business/Light Industrial H-1 (GBI H-1) – partially consolidated with new Harbor-Light Industrial
• Retain Open Space District with some modifications
• Retain Bay Crossing Planning Unit Development (Bay Crossing PUD) with minor modification
• Article IV – General Regulations Applicable to All Districts
  • Revised Home-Based Occupation
  • Deleted Sign Regulation and replaced with new Sign Regulation section
  • Exceptions to the Regulations – clarifications and minor corrections
  • Revisions to the Conditional Use Permits Procedures, Off-Street Parking and Loading Standards, Demolition Policy, Swimming Pool Regulations
  • Delete Section 4.4 (E) – Exterior Lighting and replace with new section “Outdoor Lighting”
  • Add new section “Solar Panels-Performance Standards/Design Regulations”
  • Delete Section 4.11 Wind Turbines
  • Add 2 new section containing all of the Performance Design Standards

(one Commercial and one Residential) that was formally located in Article

III & add new section regarding  Sidewalk Development for Infill Lot Development

• Add new section regarding “Accommodations Relative to the Americans with Disabilities Act and the Fair Housing Act”
  • Add new section regarding “Short Term Rental Regulations”
• Article VI – Flood Plain District – delete current version and replace with new  Model Ordinance with modifications.
• Article VIII – Historic District Overlay
  • Revision to Section 8.17 – update reference to include new section on Solar Panels Standards in Article IV
  • Revision to Section 8.21 – Demolition:  Alternate Procedure:  Offer to Sell
  • Revision to Section 8.22 – Maintenance and Repair Required
  • Revision to Section 8.33 – Appeals; Decision of the Historic District Review Board to be consistent with the Historic District Guidelines
• Article IX – Revise to delete “Historic” from the title and throughout this section 
• Appendix A – Subdivision Ordinance – revisions to address consistency with  Code of Virginia
• Appendix B – Site Plan Ordinance
• Appendix C – Coastal Primary Sand Dunes Ordinance – revisions to address  consistency with Code of Virginia
• Appendix D:  Erosion and Sediment Control Ordinance – Delete current version  and replace with new Model Ordinance with modifications
• Appendix E:  Wetlands Ordinance – revisions to address consistency with Code  of Virginia
• New Appendix – to contain Definitions that was a section previously in Article II

The list above does not reflect all the editorial changes that are proposed. This application, along with the completed proposed zoning text amendment, is available for public review on our website at www.capecharles.org, under Agendas & Minutes / Planning Commission.  Please contact the Planning Department at 1-757-331-2036, or by email at planner@capecharles.org if you have any questions or require additional information.

Residents and stakeholders are encouraged to attend the hearing and share their views. For more information, contact the Cape Charles Planning Department.

About the Author

Wayne Creed

Administrator

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