The Strange Case of Wendell vs. Cape Charles Zoning

On October 8^th, Citizen Frank Wendell went before the Cape Charles Board of Zoning Appeals to appeal a judgment issued by Planning and Zoning. The Board agreed with Wendell, and by a unanimous votes, granted the appeal, and struck down the zoning ordinance violation.

Here is the rest of the story.

The issue arose as the Town received complaints from residents. Social media posts indicate that the complaint may have originated from elements of the Short Term/Vacation rental owners.

In order to free up street parking (which is extremely limited on the 500 block of Monroe), Mr. Wendell parked his vehicle (a bus) on the vacant lot behind to his home—he owns the vacant lot on the 500 block of Madison Avenue.

On June 10th, Wendell received an official notice from the town’s Zoning and Planning Department regarding a violation of local zoning ordinances, specifically Cape Charles Zoning Ordinance Section 2.9 which prohibits “Parking Lots or Parking Garages” in the R1 District. The notice accused Wendell of attempting to ‘create a parking area’. The notice was sent by Cape Charles Zoning Administrator Katie Nunez, alerting the property owner of a complaint related to an abandoned and inoperable vehicle on their property.

Also, in the Notice of Violation, the vehicle in question was deemed a ‘Commercial Vehicle. ‘ However, a cursory survey of state code (46.2-341.4) notes that the following vehicles are excluded from the definition of commercial motor vehicle: 1. Any vehicle used solely for an individual’s personal purposes, such as personal recreational activities.

Mr. Wendell’s bus is fully operable, licensed, and insured and he only uses it for personal and recreational activities.

Wendell was given a 10-day period to remove the vehicle or store it in accordance with local regulations. Failure to comply within this period would result in the imposition of fines. According to the letter, the resident faced a civil penalty of $250 per day for non-compliance and a $100 administration fee.

Wendell then contacted Planning and Zoning noting that the lot was not a parking lot or parking garage and that he had no intention of trying to make it so. Wendell again questioned the logic—where in the ordinance did it say that a person could not park their vehicle on property that they own?

Katie Nunez responded to Wendell telling him that, even as he owns the property, if there is not a structure on it, parking a vehicle on it is prohibited. According to the town, you cannot store any kind of vehicle on a lot that is “undeveloped”.

On July 8^th, Planning and Zoning again contacted Mr. Wendell with another letter, ordering him to remove the bus from his lot. Curiously, Wendell had removed the bus from his property on June 12^th, just two days after the first notice of violation. Somehow, Planning and Zoning missed this and instead fired off another letter.

The Town of Cape Charles seems to insist that all vehicles be parked on the street, even if there is an available alternative. Given the extreme parking issues exasperated by the uncontrolled sprawl of Short-Term/Vacation Rentals, forcing Mr. Wendell’s bus onto an already-packed street is absurd.

After reviewing Town Ordinances, neither 3.2 nor 2.9 validate the Zoning Department’s claim. There does not appear to be any instance that says a citizen cannot use a lot that they own, developed or not, to park a vehicle. If you do park a vehicle on an undeveloped lot, the Town interprets that as creating a parking lot.

The Wendell case is not an outlier. This has happened to other residents.

Actions taken by Town:

(June 5, 2023) 325 Madison Avenue: Resident was using underdeveloped lot as a parking area for three or more vehicles. Town asked the owners of the vehicles to move the vehicles off the lot, owners complied with the Town’s request.

(June 16,2023) #83A1-1-25 Washington Avenue: Town received complaints regarding the parking and storage of a pop-up camper on this lot. Town sent a violation notice to owner; owner moved camper.

(July 27, 2023) #83A1-1-46 Jefferson Avenue: Resident received the violation and moved the food truck that was stored on the lot. Violation was closed after truck was moved.

(July 27, 2023) #83A3-1-35A Jefferson Avenue: Resident had a boat and trailer stored on an underdeveloped lot. Town asked the owner to move the boat and trailer, owner moved the boat and trailer as requested.

(August 7, 2023) #83A3-1-498 Randolph Avenue: Town received complaints of parking of vehicles and golf carts on an underdeveloped lot. Owner was asked to move the vehicles from property. Vehicles were moved.

(August 9, 2023) #83A3-1-389 Randolph Avenue: Two boats were parked on the underdeveloped lot east of 309 Randolph Avenue. Zoning Administrator Katie Nunez instructed the Zoning Compliance Officer to find the owners of the boats and ask them to relocate the boats. Boats were moved.

(September 26, 2023) 307 Randolph Avenue: Owner was made aware of complaints regarding the parking of vehicles on an underdeveloped lot. Owner purchased the property in 2012, and the neighboring lot was not purchased until 2018, meaning the time difference between the two lots shows that they operated independently of on another, relative to a development and use perspective under the zoning ordinance. Owner was asked to move the vehicles. Vehicles were moved.

(September 4, 2024) #83A1-1-25 Washington Avenue: Owner was made aware that the storage of a bus, two truck, and a boat trailer on an underdeveloped lot was not allowed. Owner of the property came into the Planning and Zoning Department, paid the associated fee for the violation, and moved the vehicles from the property.

Of course, the Town of Cape Charles wants to ensure that undeveloped lots are not strewn with abandoned cars on blocks; however, there must be a middle ground somewhere. To be sure, a new ordinance spelling out (in excruciating detail) what can and cannot happen on a vacant lot is in the Town’s immediate future.

Is the end game to force new homes onto the dreaded ‘undeveloped’ lots?

Fortunately, Mr. Wendell refused to play the game and appealed the violation before the Board of Zoning Appeals, shedding much-needed light on what’s happening to the Town of Cape Charles.

That is the rest of the story. For now.