Tangier City Zoning Code

1-1. Title. This ordinance may be known, designated and cited as the “Tangier Zoning Ordinance.”

1-2. Authority. The Code of Virginia, Title 15.1, Chapter 11, Article 8, Section 15.1-486 through 15.1-498, empowers towns to enact zoning ordinances and to provide for their administration, enforcement and amendment, and states the purposes, powers, and procedures for municipal zoning.

1-3. Purpose. This ordinance is enacted to promote and protect the health, safety and general welfare of the people of the Town. It is the intention of the Town Council that the provisions of this ordinance will implement the purpose and intent of the comprehensive plan of the Town by encouraging the most desirable use of the land for residential, commercial, industrial, recreational, public service, drainage, and other purposes, and by encouraging the most appropriate use and occupancy of buildings, and by protecting and improving the quality of the waters within and adjacent to the Town, and by encouraging economic development activities that provide desirable employment and enlarge the tax base, and by promoting an attractive and harmonious community.

The governing body of the Town may, by ordinance, divide the territory under its jurisdiction into districts of such number, shape and area as it may deem best suited to carry out the purposes of this article, and in each district it may regulate, restrict, permit, prohibit, and determine the following:

A.       The use of land, buildings, structures and other premises for commercial, industrial, residential, and other specific uses; and

B.        The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of structures; and

C.        The areas and dimensions of land, water and air space to be occupied by buildings, structures and uses, and of courts, yards and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used; and

D. The excavation or minimum of soil or other natural resources.

Therefore, be it ordained by the governing body of the Town of Tangier, Virginia for the purpose of promoting the health, safety and/or general welfare of the public and of further accomplishing the objectives of Section 15.1-427 of the Code of Virginia, that the following be adopted as the zoning ordinance of the Town of Tangier, Virginia, together with the accompanying maps.

1-4. Jurisdiction. This ordinance shall apply to the incorporated territory of the Town of Tangier, Virginia. However, nothing contained herein shall require any changes in the plans or construction of any building for which a building permit was granted prior to the effective date of this ordinance. However, if such construction does not commence within six (6) months or less after this ordinance becomes effective, construction shall be in conformity with the provisions of this ordinance for the district in which the activity is located.

1-5. Town Liability. The zoning of any land and the granting of any permit or certificate for the use of land and/or structure shall not be interpreted as a guarantee by the Town of Tangier of the suitability of such land or structure for developing or use.

1-6. Severability Clause. Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole or any other part thereof other than the part so declared to be unconstitutional or invalid.

1-7. Ordinance Sets Minimum Standards. Whenever the standards set forth in this ordinance conflict with the requirements of any other lawfully adopted statutes, rules, regulations, deed restrictions, covenants, or ordinances, the most restrictive, or that imposing the highest standards shall govern.

1-8. Zoning Districts and Regulations

A.       Establishment of districts. In order to carry out the purposes and provisions of this ordinance, the incorporated area of the Town of Tangier is hereby divided into the following districts:

1. Residential-Mixed; R-M
2. Commercial-Waterfront; C-W
3. Chesapeake Bay Preservation Area Overlay; CBPA

Location of these districts can be found on Map 1 and on Map 2.

B. Establishment of official zoning map. The Town of Tangier is divided into zoning districts, as shown on the official zoning map, which, together with all explanatory matter thereon, shall be a part of this ordinance.

C. Determination of district boundaries. Unless zoning district boundary lines are fixed by dimensions or otherwise clearly shown as described, and where uncertainty exists with respect to the boundaries of any zoning districts as shown on the zoning maps, the following rules shall apply:

1. Where district boundaries are indicated as approximately following or being at right angles to the center lines of streets or alleys, such center lines or lines at right angles to such center lines shall be construed to be such boundaries, as the case may be.

2. Where a district boundary is indicated to follow a creek, branch or other body of water, such boundary shall be construed to follow the center line at low water or at the limit of the jurisdiction, and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

3. If no distance, angle, curvature description, or other means is given to determine a boundary line accurately and the above provisions do not apply, the boundary line shall be determined by the administrative authority using the scale shown on the zoning map. In case of subsequent dispute, the matter shall be referred to the Board of Zoning Appeals, which shall determine the boundary.

1-9 General Performance Criteria. The following standards shall apply in all zoning districts in the Town of Tangier.

A.     Land disturbance shall be limited to the area necessary to provide for the proposed use or development.

B.     Existing vegetation shall be preserved to the maximum extend practicable consistent with the use or development proposed and in accordance with the Virginia Erosion and Sediment Control Handbook.

C.     Development and Redevelopment exceeding 2,500 square feet.

1. All development and redevelopment exceeding 2,500 square feet of land disturbance shall be subject to a plan of development process, in accordance with Article 8 -Plan of Development Requirements, of this Zoning Ordinance.

2. Notwithstanding any other provisions of this Article or exceptions or exemptions thereto, any land disturbing activity exceeding 2,500 square feet, including construction of all single-family houses, septic tanks, and drain-fields, shall comply with the requirements of the Accomack County Erosion And Sediment Control Ordinance.