Paul Chandler Defeats Dubious Zoning Violations

On October 8, 2024, the Cape Charles Board of Zoning Appeals approved an appeal from local resident Paul Chandler regarding a violation issued by the town’s Zoning Administrator for unauthorized work on his property at 204 Bay Avenue.

The violation, issued under Cape Charles Zoning Ordinance (CCZO) sections 2.42(A)(1), 2.4.3, 8.16, and 8.17, cited Chandler for the removal and replacement of the roof and installation of flashing on a chimney without obtaining a Certificate of Appropriateness (COA) from the Historic District Review Board. Section 8.16 specifically mandates a COA for roof and gutter repairs in the town’s historic district.

Chandler stated he had initially addressed the roof and chimney repairs to prevent water damage inside his home. He contacted the town’s Building and Code Enforcement department and was informed that due to the small scope of the work, a building permit was not required. However, Zoning Administrator Katie Nunez later informed him that while a COA was necessary, it could be approved administratively without going before the Historic District Review Board. The only requirement was paying a fee.

During the meeting, the Board of Zoning Appeals reviewed the case details and ruled in Chandler’s favor, approving his appeal. The Board agreed that a building permit or COA was unnecessary because the repairs were not considered substantial alterations to the property. They cited CCZO section 8.16c, which allows non-substantial alterations when the work is aimed at preventing further deterioration or restoring the property to its pre-deterioration state. Additionally, section 8.17 exempts minor repairs, such as fixing a small section of a leaking roof, from Historic District Review Board oversight.

“My reading of the statutes seemed to show there was nothing that required approval. A certificate is not needed from the Historic District Review Board. It’s just procedure for procedure’s sake,” said Board member Mr. Bauman. “The amount of money that was spent is something that should be recognized.”

The Board emphasized that homeowners in the Historic District should be able to perform basic maintenance and repairs without facing unnecessary fees or applications, especially when the work clearly doesn’t require formal approval.