Tangier City Zoning Code

For the purpose of this ordinance, certain words and terms are defined as follows. Words used in the present tense include the future. Words in the singular include the plural, and the plural includes the singular.

Accessory use or structure. A subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building.

Acreage. A parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.

Administrator, The. The Town Council, which is charged with the enforcement of this ordinance, or any person whom the council designates as the Zoning Administrator. The administrator may be any appointed of elected official who is by formal resolution designated to the position by the governing body and may serve with or without compensation as determined by the governing body.

Alteration. Any change in the total floor area, use, adaptability, or external appearance of an existing structure.

Bed and Breakfast House. A dwelling where lodging and breakfast is provided for compensation for up to six (6) persons (in contradistinction to hotels, boarding houses and tourist houses) and open to transients. Up to one (1) person may be hired to assist in the operation of the establishment.

Best Management Practices (BMPs). A practice, or a combination of practices, that is determined by a state or designated area-wide planning agency to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.

Boarding House. A building where, for compensation, lodging and meals are provided for at least five (5) and up to 10 persons.

Buffer Area. An area of natural or established vegetation managed to protect other components of a Resource Protection Area and state waters from significant degradation due to land disturbances.

Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. 

Building, Height of. The height shall be measured from the average elevation of the ground surface along the front of the building.

Building, Main. The principal structure or one (1) of the principal buildings on a lot, or the building or one (1) of the principal buildings housing the principal use on the lot

Cheaspeake Bay Preservation Area (CBPA). Any land designated by the Tangier Town Council pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9 VAC 10-20 et al., and Section 10.1-2107 of the Code of Virginia

Commission, The. The Planning Commission of the Town of Tangier, Virginia.

Development. The construction, or substantial alteration, of residential, commercial, industrial, recreation, transportation, or utility facilities or structures.

Districts. Districts as referred to in State Code, Section 15.2-2280.

Dwelling. Any structure which is designated for use for residential purposes, except, hotels, boarding houses, lodging houses, tourists cabins, apartments, travel trailers, and manufactured homes.

Dwelling, Multiple-Family. A structure arranged or designed to be occupied by more than one (1) family.

Dwelling, Single-Family. A structure arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit. Excludes mobile homes as defined.

Dwelling Unit. One (1) or more rooms in a dwelling designed for living or sleeping purposes and having at least one (1) kitchen.

Family. One (1) or more persons occupying a premise and living in a single dwelling unit, as distinguished from an unrelated group occupying a boarding house, lodging house, tourist home, or hotel.

Frontage. The minimum width of a lot measured from one (1) side line to the other along a straight line building setback line as defined as required herein.

Governing Body. The Town Council of Tangier, Virginia.

Home Occupation. Any occupation or profession carried on in a dwelling unit or on the premises thereof, provided that:

A. No person other than menbers of the family residing on the premises shall be engaged in such operation.

B. The use of the dwelling unit for the business is clearly incidental and subordinate to its use for residential purposes by its occupants.

C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign, not exceeding four (4) square feet.

D. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family dwelling, or outside the dwelling unit if conducted in other than a single-family dwelling. In the case of the electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. Bed and breakfast houses, boarding and rooming houses, tourist homes and private education institutions, the conducting of a beauty or barber shop, tea room or restaurant, clinic, doctor or dentist office, child care center, real estate office, or cabinet, metal, or auto repair shop shall not be deemed a home occupation.

Impervious Cover. A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to. roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.

Institutional Use. For the purpose of this ordinance institutional uses shall be defined as those uses that pertain to government or education.

Lot. A parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width, and lot areas as are required by this ordinance, and having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.

Lot, Coverage. The impervious area of any lot or parcel including, but not limited to, buildings, roads, drives, sidewalks, patios, decks, etc.

Lot, Corner. A lot abutting on two (2) or more streets at their intersection. Of the two (2) sides of a corner lot, the front shall be deemed to be the shortest of the two (2) sides fronting on streets.

Lot, Depth of.  The average horizontal distance between the front and rear lot lines.

Lot, Double Frontage.  An interior lot having frontage on two (2) streets. 

Lot, Interior.  Any lot other than a corner lot.

Lot, Width. The width of any lot at the setback line, calculated by measuring back a uniform distance from the street line as required by the setback regulation. If the street line curves or angles, then the setback line shall also curve or angle uniformly with the street line and the lot width shall be calculated along the said curve or angle setback line.

Lot of Record.  A lot which has been recorded in the Clerk’s Office of the Circuit Court.

Manufactured Home. A structure constructed to federal standards, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) or more feet in width and is 40 or more feet in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical conditions contained therein. The term “mobile home,” once widely used to describe transportable housing units, has been replaced in the Code of Virginia, Section 36-85.16 et seq., by the term “manufactured home.”

Mobile Home. A transportable, factory built home designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974. (This definition shall not include motor homes and travel trailers.)

Nonconforming Lot. An otherwise legally platted lot that does not conform to the minimum area or width requirements of this ordinance for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

Nonconforming Structure. An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this ordinance, or is designed or intended for a use that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

Nonpoint Source Pollution. Pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development and use.

Nontidal Wetlands. Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the Federal Clean Water Act, in 33 C.F.R. 328.3b’

Office. For the purpose of this ordinance offices are defined as a building, room or suite in which services, clerical work, professional duties or the like are carried out.

Plan of Development. The process for site plan review to ensure compliance with Section 10.1-2109 of the Code of Virginia and this Article, prior to any clearing or grading of a site or the issuance of a building permit.

Redevelopment. The process of developing land that is or has been previously developed.

Required Open Space. Any space required in any front, side or rear yard.

Resource Management Area (RMA) . That component of the Chesapeake Bay Preservation Area that is not classified as the Resource Protection Area. RMAs include land types that, if improperly used or developed, have potential for causing significant water quality degradation of for diminishing the functional value of the Resource Protection Area.

Resource Protection Area (RPA). That component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality due to the ecological and biological processes they perform or are sensitive to impacts to impacts which may result in significant degradation to the quality of state waters.

Restaurant. Any building in which, for compensation, food or beverages are dispensed for consumption on the premises including, among other establishments, cafe, tea rooms, confectionery shops, or refreshment stands.

Retail Stores and Shops. Buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood, and lumber yards) such as the following which will serve as illustration: drug stores, newsstands, food store, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barber shop, and beauty shop.

Setback. The minimum distance by which any building or structure must be separated from the front lot line.

Sign. Any display offers, words, numerals, figures, device, emblems, pictures, or any parts or combinations thereof, by means whereby the same are made visible for the purpose of making anything known, where such display be made on, attached to, or as part of a structure, surface, or any other thing including, but not limited to, the ground, any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less that four (4) square feet is excluded from this definition.

Sign Structure. Includes the supports, uprights, bracing, and framework of any structure, be it single-faced, double-faced, or otherwise exhibiting a sign.

Store. See Retail Stores and Shops.

Story. That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, the space between the floor and the ceiling next above it.

Story, Half. A space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use.

Street, Road. A public therefore, except an alley or driveway, which affords proncipal means of access to abutting property.

Street Line. The dividing line between a street or road right-of-way and the contiguous property.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. This includes, among other things, dwellings, buildings, signs, etc.

Tidal Shore or Shore Line. Land contiguous to a tidal body of water between the mean low water level and the mean water level.

Tidal Wetlands. Vegetated and non-vegetated wetlands as defined in Section 28.2-1300 of the Code of Virginia.

Variance. A variance is a reasonable deviation, granted by the Board of Zoning Appeals, from those provisions regulating the size or area of a lot or parcel of land or the size, area, bulk, or location of a building or structure.

Water-Dependent Facility. A development of land that cannot exist outside of the Resource Protection Area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to (I) ports; (ii) the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and the storm sewers; (iii) marinas and other boat docking structures; (iv) beaches and other water-oriented recreation areas; and (v) fisheries or other marine resources facilities.

Wetland. Tidal and nontidal wetlands.

Yard. An open space on a lot other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided here.

Yard, Front. An open space on the same lot as a building between the front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot.

Yard, Rear. An open, unoccupied space on the same lot as abuilding between the rear line of the building (excluding steps) and the rear line of the lot and extending the full width of the lot.

Yard, Side. An open, unoccupied space on the same lot as a building between the side line of the building (excluding steps) and the same line of the lot, and extending from the front yard line to the rear yard line.