The Cape Charles Town Council and the Town Planning Commission will hold a joint public hearing on Tuesday, November 6, 2018, at 6:00 pm in the Town Civic Center located at 500
Tazewell Avenue, Cape Charles to receive comment on the following:
-Proposed text amendments to Town Zoning Ordinance Article VIII, Sections 8.33, 8.34, and 8.35.
The Planning Commission alone will also hold a public hearing, same time and place, on an application for a conditional use permit for residential units in a current commercial\residential use
building in the Commercial – 1 zoning district. The subject property is located at 729-730 Randolph Avenue\tax map # 83A4.5.B.
Immediately following the close of the public hearing, the Planning Commission will meet in regular session to consider these matters.
Information on these public hearing items can be viewed in the Town Planner’s Office at 2 Plum Street Cape Charles Town Hall or obtained by phone at 757-331-3259 x15, or email at email@example.com
The proposed draft amendments are as follows:
Article VIII, Sections 8.33, 8.34, and 8.35 state the following on standing to file appeal:
“by the owner of the property in question or by any party aggrieved and suffering cognizable harm”
To be consistent with language found in case law, staff recommends the following to replace “and suffering cognizable harm.”
“by the owner of the property in question or by any party aggrieved and must show that he has an immediate, pecuniary and substantial interest in the litigation, and not a remote or indirect interest”.
This language is found in the decision of the 1933 Nichols v Lawrence case, establishing appeals standing in the Commonwealth of Virginia.