Cape Charles Town Council approves revisions to the Zoning Ordinance

CAPE CHARLES, Va. — The Cape Charles Town Council has approved revisions to the town’s Zoning Ordinance, aligning it with updates to the Comprehensive Plan. The amendments aim to enhance clarity and address public necessity, convenience, general welfare, and good zoning practices. The decision, made during the council’s most recent meeting, incorporates editorial changes and structural improvements to the document.

The updated ordinance, known as ZTA 2024-02, reflects adjustments outlined in the REDLINED ZONING TEXT AMENDMENT ORDINANCE dated October 30, 2024. A finalized version with changes incorporated as of the same date is also available. Both documents can be accessed on the town’s website:

• REDLINED ZONING TEXT AMENDMENT ORDINANCE: View Document
• ZONING TEXT AMENDMENT ORDINANCE with Changes Incorporated: View Document

Key changes include updates to Article III, which governs District Regulations. Dimensional information for each zoning district has been reformatted into charts to improve readability, and each district now features standardized categories for By-Right Use, Accessory Use, and Conditional Use. Development Standards have been consolidated into a new section in Article IV.

Notable amendments include:

• Elimination of the Residential Estate District (R-E)
• Updates to the Residential-1 (R-1) District:
  • Addition of the following By-Right uses:
    • Duplex dwellings, provided off-street parking is available
    • Condominium dwellings
    • Cooperative dwellings
    • Manufactured home dwellings
    • Group homes, as per Code of Virginia §15.2-2291
    • Short-term rentals
  • Deletion of dog pens as a permitted use
  • Relocation of Home Occupations and Accessory Dwelling Units to Accessory Units

Town officials expressed confidence that the revised ordinance will promote orderly growth and ensure consistency with the Comprehensive Plan’s vision for Cape Charles. The amendments reflect feedback from public hearings and input from zoning experts.

Of note, the Town Council rescinded the requirement that Short-Term Rentals undergo a Conditional Use Process in addition to the licensing and fees.

Opinion

Using a Conditional Use Permit (CUP) to regulate STRs is inherently bogus. The Cape Charles Town Council somehow (miraculously) managed to unscrew itself with this one.

Can living in a neighborhood filled STRs be annoying? Of course. Can it also suck? It can, but that doesn’t make them illegal, or in need of government interference, it doesn’t even make them bad. They are what they are, and they are here for the duration. If asked, this writer would say that STRs are awful, and have destroyed the tiny bit of redeamable quality that Cape Charles had. But, that’s just my opinion. The concrete material reality is that the folks that have purchased here did not use Monopoly money–they bought with their own money which they created after years of hard work. Telling them to piss off just to revive some tired (and false) narrative that this town is somehow the reincarnation of Mayberry is wrong.

A (CUP) in residential zoning can be problematic for several reasons, particularly when viewed through the lens of avoiding discrimination, ensuring equitable land use, and minimizing administrative burdens.

Just as there are no experiential or intellectual criteria for serving on the Town Council, you just have to be [enter term here], there are no criteria for CUPs relative to STRs. Regulating them based on whim and opinion is arbitrary and capricious.

CUPs introduce uncertainty for both property owners and potential buyers. Unlike By-Right uses, which provide clear expectations of what can and cannot be done in a residential area, CUPs leave room for discretionary decision-making by zoning boards or the town council. This can lead to inconsistent application of rules, creating perceptions of favoritism or inequity. A lack of predictability can deter investment and long-term community commitment. Can the town use skin color to deny an application? It’s happened before.

The CUP process requires significant administrative resources. Each application must be reviewed, often involving public hearings, staff reports, and legal oversight. This not only strains town resources but also creates delays and expenses for applicants.

Because CUPs are inherently discretionary, they can become a source of conflict between applicants, neighbors, and local officials. Neighbors may oppose a proposed use, citing concerns about its impact on property values or the so-called local flavor. Such disputes can escalate into legal battles, consuming additional time and taxpayer money.

Discretionary approval of CUPs can undermine the purpose of zoning ordinances, blurring the lines between different zoning categories. Over time, this can lead to a patchwork of inconsistent land uses that erode the planning principles designed to guide orderly development.

Over twenty years ago, this writer predicted the pain coming to this town. Back then, I called it the Cape Maying of Cape Charles. Every time the town showed up in Coastal Living or the vulgar HGTV Beachfront Bargain hunt, residents clapped like trained seals at the bogus, Pravda-like descriptions of this bayside village–instead of telling everyone how horrible it is (dude, don’t move here), they instead exposed it to the affluent retirement crowd that turned it into what it is now. Be careful what you wish for–the monkey’s paw is fickle and random.

Complaining about STRs now is a sad and futile gesture–that cow left the barn years ago.

At any rate, the market will control STRs, just as we are witnessing now. Real estate values are driven by location and inventory. The location speaks for itself, and the inventory is extremely limited. Home prices in town will only rise, making the investment market less appealing. When prices were $400 to $500k, it might have made sense to invest in the rental market, but with prices pushing towards/through the $1 million ceiling, not so much. People purchasing at that price are planning on eventually retiring and living here permanently, even if they have to STR it to make ends meet until they do.

The Beach Parking Myth

News flash: Cape Charles Beach does not have a parking problem. A vibrant and popular beach like ours is a hallmark of a thriving community, offering natural beauty, recreational opportunities, and economic benefits that ripple through local businesses. The influx of visitors during peak summer months, both local and vacationers, is a testament to the beach’s appeal and its ability to draw people seeking relaxation and connection with nature. While limited parking during these busy times can be inconvenient, it reflects the beach’s popularity. This writer has been in the water at this beach for over 20 years, and during the peak summer months, still goes 3 to 5 times per week (depending on my work schedule). Even in the cold months, I strap on my wetsuit (that reeks of sweat and urine), and paddle my surfboard into the frigid Bay water. It’s still wonderful. This is purely anecdotal, but I remember times when summer beach parking was worse than it is now. In the middle of the week, it’s very chill.

During peak summer weekends the beach should be crowded, and parking should reflect that. Messing with the current parking layout, which is very laid back and cool (beachy), is once again just another sad and futile gesture.

Crowds and young families at our beloved beach create a lively atmosphere, fostering a shared sense of joy and camaraderie. And yes, between locals and visitors alike. They also boost the local economy, supporting restaurants, shops, and tourism-related businesses that depend on seasonal surges to thrive. Ultimately, the challenges of limited parking during the summer are a small price to pay for the vibrancy and vitality that a bustling beach brings to our town. If parking overflow onto your street bothers you, you may be living in the wrong place.

This is a beach town, and the beach makes the rules.

So it goes.