Dimensional standards
Servicing
- Applies near
- Chesapeake Bay Preservation Overlay DistrictOverlay districtA second set of rules laid over the base district, adding requirements without replacing it.
- Geographic extent
- Chesapeake Bay Preservation Overlay DistrictOverlay districtA second set of rules laid over the base district, adding requirements without replacing it. (CBPA)
Extracted standards
5 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- ADA additions not considered expansion
In accordance with Code of Virginia § 15.2-2283. additions to nonconforming structures for the purpose of providing reasonable modifications in accordance with the American with Disabilities Act of 1990 shall not be considered an expansion of a nonconforming structure.
In accordance with the Code of Virginia § 15.2-2307.H, nothing in this ordinance shall be construed to prevent the owner of a valid nonconforming mobile or manufactured home from replacing that home with a newer manufactured home, either single- or multisection, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home.
- Expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure conditions
An application for the expansion of a nonconforming structure may be approved by the zoning administrator through an administrative review process provided that the following findings are made: a. The request for the waiver is the minimum necessary to afford relief; b. Granting the waiver will not confer upon the applicant any specific privileges that are denied by this article to other property owners in similar situations; c. The waiver is in harmony with the purpose and intent of this article and does not result in water quality degradation; d. The waiver is not based on conditions or circumstances that are self-created or self-imposed; e. Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation of water quality; f. Other findings, as appropriate and required by the Town of Cape Charles are met; and g. In no case shall this provision apply to accessory structures.
- Non-conforming use and development waiver
The zoning administrator may grant a non-conforming use and development waiver for structures on legal non-conforming lots or parcels to provide for remodeling and alterations to such non-conforming structures provided that: a. There will be no increase in non-point source pollution load; b. Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of this article; c. The intent of article II, division 4, non-conforming uses, is upheld.
- Non-conforming use waiver expiration12 months
A non-conforming use and development waiver shall become null and void 12 months from the date issued if no substantial work has commenced.
From the ordinance
The lawful use of a building or structure which existed on September 11, 1990, or which exists at the time of any amendment to this article, and which is not in conformity with the provisions of the overly district may be continued in accordance article II division 4 of this chapter.