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When is a
building/zoning permit required?
What’s the minimum amount of acreage required to construct a single family
dwelling?
What is a certified house location survey and when is it required?
My I have more
than one dwelling on my property?
What are setbacks and how do I determine what the required setbacks are for
my property?
What is an accessory
building/structure?
May I construct an accessory building/structure before I build my house?
What are the
setbacks for an accessory building?
Where and how do I get a 911
address?
What is a Rezoning?
What is a Use Permit?
What is a Zoning Text Amendment?
What is a Proffer Amendment?
What is the Board of
Zoning Appeals (B.Z.A.)?
What is a Variance?
What is a Zoning Violation?
When is a building/zoning permit required?
All man-made improvements to real property require a building/zoning permit. This includes, but is not limited to, new homes, additions, alterations/renovations, garages, sheds, decks and swimming pools (above and in ground). Please contact the office if you are unsure as to whether a permit it required for your project. ↑Top
What’s the minimum amount of acreage required to construct a single family dwelling?
If a legally platted piece of property zoned for residential use can meet the requirements for a drainfield and well or has access to public water and/or sewer it is considered a buildable lot. The single family dwelling must also be able to meet the required setback from the property lines.
However, there are minimum acreage requirements when subdividing property to create a residential building lot. Please contact our office for information on subdividing property or visit our Planning homepage. ↑Top
What is a certified house location survey and when is it required?
A certified house location survey is a site plan that has been prepared by a surveyor, engineer or architect, who is licensed by the Commonwealth of Virginia, showing the proposed location of the dwelling with distances to the all property lines (setbacks). A certified house location survey is required on parcels of land of 3 acres or less in size.↑Top
May I have more than one dwelling on my property?
Generally, the answer is no, however there are exceptions for property within the Rural Preservation or Agricultural Preservation districts. Please contact the office for additional information.↑Top
What are setbacks and how do I determine what the required setbacks are for my property?
A setback is the minimum distance by which any building or structure must be separated from a lot line. In Rural Preservation and Agricultural Preservation districts the setbacks for a principal structure (house) are based on the acreage of the parcel. Article XII of the Zoning Ordinance delineates the setbacks for property located in the Rural Preservation and Agricultural Preservation districts as well as Lake Caroline, Lake Land’or and Caroline Pines subdivisions. Please contact our office for setback requirements in other subdivisions located within the County.
Note: Double frontage lots, for the purpose of setbacks, have two front yards and two side yards. ↑Top
What is an accessory building/structure?
An accessory building/structure may be any of the following: storage building/shed (metal, pre-fab, stick-built), detached garage, carport, barn, in-ground or above ground pool, or similar structures not intended to provide living quarters.
Note: the following cannot be used as an accessory building/structure: camper, recreational vehicle, mobile/manufactured home, semi-trailer, shipping container, vehicle or portions of a vehicle.↑Top
May I construct an accessory building/structure before I build my house?
No, the principal structure (house) must be established prior to construction of the accessory building/structure.↑Top
What are the setbacks for an accessory building?
In the Rural Preservation or Agricultural Preservation districts the setbacks are:
Front yard: same as the front setback for a principal structure as shown in Article XII of the zoning ordinance.
Side yard and rear yard: at least 5 feet from property line
From principal structure (house) 10 feet
From other accessory structure 6 feet
In other zoning districts the setbacks are the same except the accessory structure cannot be located within the front yard. For example: if the house is located 65 feet from the front property line, the accessory structure must be at least that distance from the front property line.↑Top
Where and how do I get a 911 address?
Once the foundation for a new home has been completed, our office will assign a 911 address. ↑Top
What is a Rezoning?
A rezoning is required if the proposed use is permitted neither by right nor as a special exception under the property's current zoning classification. To apply reasonable conditions in addition to the regulations of the desired zoning classification, "proffers" must be submitted in writing with the application. Typically, proffers relate to such things as use restrictions, timing/phasing of development, off-site improvements, additional aesthetic features, capital contributions and similar items not a part of the normal plan approval process.↑Top
What is a Use permit?
Some uses, because of their unique nature or their impact on adjacent land uses, are not permitted by right, but may, under certain conditions be deemed acceptable in certain locations. If such is the case with the use proposed for a certain piece of property, a special exception, special use or conditional use permit is required. ↑Top
What is a Zoning Text Amendment?
Some uses are not listed nor can they be classified under an existing use in the zoning ordinance. In these cases staff will assist the applicant in determining the appropriate zoning text amendments to permit the proposal as a use under the special exception permit process. In these unique situations the applicant will be filing for a zoning text amendment as well as a special exception permit.↑Top
What is a Proffer Amendment?
Often a property has been rezoned with proffers attached to the rezoning. During the course of the development of the property a situation occurs that generates the need to modify the proffered conditions. In these instances the applicant will request the County modify the proffers to address the particular situation(s). In order for this to occur the applicant will have to submit a proffer amendment application to the County, which provides the reasons for the modification(s) to the original proffered conditions. ↑Top
What is the Board of Zoning Appeals (BZA)?
The Board of Zoning Appeals is a semi-judicial body established by State law and County Ordinance, to provide relief in special circumstances where the exact application of the terms of the ordinance would be unduly restrictive and cause an undue hardship. Without this body to decide on such matters, solutions to unique development problems would have to be accomplished by numerous detailed amendments to the ordinance or through a lawsuit. Therefore, the function of the BZA is to hear and decide upon the interpretation and the application of the provisions of the zoning ordinance in these cases. Although the BZA has certain discretionary powers in making its decisions, these powers have definite limits. The BZA must always abide by and comply with the powers granted to it by the Zoning Ordinance and the State-enabling act.
The Board of Zoning Appeals is empowered by Section 15.2-2309 - 15.2-2315 of the State Code and Article XVIII, Section 4 of the Zoning Ordinance to:
1. Hear and decide on variances to the Zoning Ordinance.
2. Hear and decide on appeals from any order, requirement, decision or determination made by the Zoning Administrator in the enforcement or interpretation of the zoning ordinance. (The Zoning Administrator is responsible for interpreting the terms and conditions that are not specifically addressed in the Ordinance. The Administrators decision must be issued in writing and is filed and available for review. The written interpretation must include the rationale for the decision and cite specific policies of the BOS as expressed in the adopted Comprehensive Plan that support the interpretation.)
►NOTE: Due to Recent Virginia Supreme Court Rulings the only time that the BZA is empowered to act is when all beneficial use of the property has been eliminated. ↑Top
What is a Variance?
A variance permits a reasonable deviation from the provisions in the zoning ordinance regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance is not shared generally by other properties, and provided that such a variance is not contrary to the intended spirit and purpose of the ordinance, and if granted, would result in substantial justice being done. A granted variance becomes a vested right that is transferred with the property.↑Top
What is a zoning Violation?
A zoning violation is when a property owner allows his property to accumulate a significant amount of trash, junk, debris, or the property is being used for an activity which is not a permitted use under the zoning ordinance of the County or the terms of a zoning permit has been violated by the property owner. ↑Top