Cape Charles

Exemptions for utilities, railroads, and public roads. Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their appurtenant structures ... are deemed to comply with this article.

A request for an exception to the requirements of sections 32-186 and 32-189(c) of this overlay district shall be made in writing to the board of zoning appeals.

Any person who: (i) violates any provision of this ordinance or (ii) violates or fails, neglects, or refuses to obey any Town of Cape Charles or its official designee's final notice, order, rule, regulation, or variance or permit condition authorized under this ordinance shall, upon such finding by an appropriate circuit court be assessed a civil penalty not to exceed $5,000.00 for each day of violation.

The historic district is created as a special district to be superimposed on other districts contained in these regulations and is to be designated by a special symbol for its boundaries on the zoning district map. The uses, housing types, minimum lot requirements, minimum yard requirements, maximum height, and accessory uses and accessory signs shall be determined by the regulations applicable to the other districts over which the historic district is superimposed except as these other district regulations may be modified by application of the regulations in the historic district.

A building or land shall be used only for any use or accessory use permitted in the zoning district in which the premises are situated and upon which the historic district is superimposed.

Where there is conflict between provisions or requirements of this ordinance, the more restrictive provisions or requirements shall apply.

Except as herein otherwise provided in this article, no building or structure, including signs, shall be erected, reconstructed, restored, or substantially altered in exterior appearance and no contributing buildings or structures shall be razed or demolished within a historic district and no permit authorizing same shall be granted unless and until the same is approved by the historic district review board and a certificate of appropriateness has been issued by that body, with right of direct appeal to the town council as hereinafter provided, as being architecturally compatible with the historical, cultural, and/or architectural aspects of the structure and its surroundings.

Within the historic district certain minor actions which are deemed not to have permanent effects upon the character of the historic district are exempted from review for architectural compatibility by the historic district review board.

Prior to approval of any application for demolition, razing, moving, or removal of a contributing structure within the town's historic district; the zoning administrator, the historic district review board, or the Town Council, as applicable, shall review the application for its compatibility with each of the following guidelines.

All buildings and structures in the historic district shall be preserved against decay and deterioration and maintained free from structural defects to the extent that such decay, deterioration, or defects may, in the opinion of the historic district review board and town council, result in the irreparable deterioration of any exterior appurtenance or architectural feature or produce a detrimental effect upon the character of the district as a whole or upon the life and character of the structure itself

The historic district review board shall render a decision upon any request or application for a certificate of appropriateness within 90 days after the filing of an application accepted as complete.

Any certificate issued pursuant to this article shall expire of its own limitation six months from the date of issuance if the work authorized thereby is not commenced by the end of such six month period; and further, any such certificate shall also expire and become null and void if such authorized work is suspended or abandoned for a period of six months after being commenced.

In the case of a proposal other than for demolition or moving but involving a designated landmark where the historic district review board or, on appeal, the town council cannot reach a satisfactory agreement with the owner and whereas the historic district review board or, on appeal, the Town Council decides such action to be in the public interest and not in conflict with any provision of law, it may delay the effective date of an approval for a period of three months from the date of application or appeal to enable negotiations to be undertaken and completed for acquisition of the property for preservation or public use.

Any legal use, building, or structure existing at the time of adoption of this ordinance may be continued even though it may not conform with the provisions of this ordinance. No such non-conforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption.

Permitted uses: single-family dwellings, duplex dwellings, townhouse dwellings, condominium dwellings, cooperative dwellings, manufactured home dwellings, group homes, bed and breakfasts, churches, parks, retail, offices, galleries, museums, indoor recreational facilities, food establishments, professional services, any other compatible use. Conditional uses: childcare/adult daycare facilities and nursing homes, conference centers, restaurants and bars.

The following uses are permitted by right: 1. Single-family dwellings. 2. Duplex dwellings provided off-street parking is provided. 3. Townhouse dwellings. 4. Condominium dwellings.

The following uses are permitted by right: Condominium dwellings... (d) Conditional uses...

The following uses are permitted by right: Condominium dwellings, Cooperative dwellings, Parks and playgrounds, ...

The following uses are permitted by right... (d) Conditional uses... (g) Additional development requirements...

The following uses are permitted by right: Communication and telecommunications centers, Flex industrial use, ...