Tangier City Zoning Code

7-1. Administration. The Zoning Administrator shall have all necessary authority on behalf of the Town Council to administer and enforce this ordinance, including the ordering in writing of the remedying of any condition found in violation of this ordinance, and the bringing of legal action to ensure compliance with this ordinance, including injunction, abatement or other appropriate action or proceeding authorized by this ordinance or the laws of this state.

7-2. Zoning permits. No use of any real property within the corporate limits of the Town of Tangier shall take place nor shall any construction or excavation or grading therefore commence prior to the issuance of a zoning permit therefore by the Zoning Administrator. Such permit shall show that the land, structures, and uses of land and structures are in conformity with the provisions of this ordinance. The Zoning Administrator shall issue such certificate if he finds that all of the requirements of this ordinance have been met, and shall withhold such certificate unless all requirements of the ordinance have been met. If an activity requires a building permit, the Zoning Administrator shall review the application for the zoning permit and sign it off on the building permit before such permit is issued.

7-3. Special Exception Permits. The Town Council may grant a Special Exception permit where such special use or structure is permitted by the terms of this ordinance. The Town Council may grant, deny or grant conditionally the permit. The Town Council may issue a permit for such use after considering the following:

(i)       The proposed use and/or structure appears on the official schedule of district regulations or elsewhere in this ordinance;

(ii)      The proposed use and/or structure complies with the regulations governing individual special exceptions;

(iii)     The proposed use and/or structure is consistent with the Town Plan;

(iv)     The proposed use and/or structure will not tend to change the character and established pattern of development of the district in which it will be located;

6. The proposed use and/or structure, and accompanying parcel development, are in harmony with the uses permitted by right in the zoning district and with the intent of the zoning district regulations and will not adversely affect the use of neighboring property or impair the value thereof.

A.       Procedure. The application for a Special Exception permit may be submitted by the property owner, contract owner, or optionee of the property affected. Procedures for application and review shall be as follows:

1.        The applicant shall submit an application to the Zoning Administrator.    Such application shall be accompanied by evidence that the specific criteria set forth in the ordinance for the special exception requested will be met.

2. The Zoning Administrator shall review the application, visit the site, request additional information or review by other agencies, and formulate a recommendation to the Planning Commission and Town Council.

3. The Planning Commission and Town Council shall hold public hearings after notice in accordance with Section 15.2-2204 of the Code of Virginia, as amended.

4. The Planning Commission and Town Council shall review the recommendation of the Zoning Administrator, or any other report, visit the site if appropriate, and meet with the applicant.

B.       Conditions and Bonds. The Town Council may impose conditions, limitations or special requirements as it deems necessary to protect the public health, safety and general welfare, such as but not limited to the following:

1. Restriction of noise, smoke, dust, vibration, odors, wastes or other elements that may affect abutting or adjacent properties.

2.        Providing adjoining property with a buffer fence or shield from view of the proposed use and/or structure.

2. Establishment of a time limit for expiration after which the permit shall no longer be valid or shall require renewal.

After due consideration, the Town Council shall make a decision and promptly notify the applicant of its decision in writing, along with a justification for denial or special conditions.

C. Effect of Approval. The issuance of a Special Exception permit shall authorize the applicant to construct only such structure or conduct only such uses as are specifically made part of the Special Exception permit. No deviations, expansion, or other changes whatsoever shall be made from the term of the Special Exception permit without the express written consent of the Town Council.

7-4. Violations and Penalties. Any person who violates any provision of this ordinance or any amendment thereto, or who fails to perform any act required hereunder or does any prohibited act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $100 or imprisonment in the county jail for not more than thirty 30* days, or both, for each offense. Each and every day on which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Any violation of this ordinance is hereby declared to be a public nuisance per se and shall be enjoined to cease.

7-5. Appeals and variances.

The Board of Zoning Appeals shall hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this ordinance. In addition thereto, the Board shall have such other powers and duties as are set forth in Section 15.2-2309 of the Code of Virginia. The Board of Zoning Appeals may reverse, modify or affirm, wholly or in part, any order, requirement, decision or determination under review. However, the Board is not empowered to rezone property.

The Board may grant a variance when an ordinance causes undue hardship to a particular landowner. The hardship incurred by the landowner should relate to the land’s size, shape, topography or other extraordinary situation, and also should be unique to the property and not be shared by other properties in the same zoning district and vicinity. When granting a variance, the Board must ensure the change shall be in harmony with the intended spirit and purpose of the ordinance. The variance procedure must not be used to rezone land nor should it provide special privilege or convenience to the applicant. When a variance is granted, the Board may impose conditions on the location, character and features of a proposed structure or use.

7-6. Amendments. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Town Council may, by ordinance, amend, supplement, or change the regulations, district boundaries, or classifications of property.

Any such amendment may be initiated by the resolution of the Town Council, or by motion of the Planning Commission. Proposed amendments must be referred to the Planning Commission for its recommendation, prior to final action by the Town Council. Public notice must be given and public hearings held before zoning amendments may be adopted.