Planning Department FAQ'S

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Daycare

What are the rules for running a day care business out of a home? Daycare is a permitted use in residential and agricultural districts provided that the daycare operator takes care of no more than five children at one time (not including any children living on the premises). A conditional use permit is required for family day care homes that take care of more than five children that live elsewhere. For more information, click here.

Decks

I want to build a deck at my house. What standards do I need to follow? Decks that are attached to principal structure and which are open (no walls) on three sides have special setbacks: 

• Front yard – may extend not more than ten feet into the required setback
• Side yard – may extend not more than half of the required setback (and not closer than five feet from a side property line)
• Rear yard – may extend not more than ten feet into the required setback

Other factors such as building lines/envelopes shown on subdivision plats, floodplains, and Resource Protection Areas may limit these setback exceptions.
Decks that are not attached to the principal structure are considered to be accessory structures and are subject to normal setback requirements for accessory structures.

Demographics

What is the population of Chesterfield County? Click here.

How fast is the population of Chesterfield County increasing? Click here.

Where can I find Census data for Chesterfield County? Click here to view summary information about 2000 Census data for Chesterfield County. More recent, limited census data may be available through the American Communities Survey.

Development (Pending)

Is there somewhere on this website that I can gather information about pending development projects or do I need to speak with someone in the Planning Department? The development process is complex and requires multiple steps over long periods of time (such as rezoning, site plan, and/or subdivision) before construction begins. Developers often secure initial development approvals (such as rezoning) years before pursuing final development plans. The county usually does not know the specific timeframe of actual development, since this is a function of private property owner decisions. The Planning Department can tell you the where a project is in the development process.

• Click here for pending case information for development under review by the Planning Commission, Board of Zoning Appeals, and Board of Supervisors.
• Click here for pending subdivision cases.
• Click here pending site plan cases.

Pending development cases under active review have public notification signs posted near the proposed development. Each sign has a three digit case code, such as "234." This represents the last three digits of the case number (in this example, the case number is 06SN0234. If you have a touch-tone telephone and want a general overview of the proposal, please call the Planning Department teleworks information system 24 hours a day at 751-4700. If the above-listed resources don’t help, please contact our office. It helps us help if you have a specific case number or the location of the sign so we can find the correct case information for you.

Development Standards

What development standards apply to my property? Development standards include requirements for building setbacks, offstreet parking, signs, and other development related topics. There may be a variety of development standards that are unique to a specific property. These may include:

• Zoning Ordinance requirements for the zoning district
• Zoning Ordinance requirements contained in the Development Standards Manual (Zoning Ordinance Article 7)
• Conditions of zoning (from rezoning, conditional use permits, conditional use planned developments, variances, special exceptions, etc.)
• Subdivision Ordinance requirements
• Conditions from recorded subdivision plats

Please contact the Planning Department for information about specific development standards that apply to your property.

Development Standards Modifications

What is a development standards modification? A development standards modification, sometimes referred to as a “development standards waiver,” is a process that may provide relief to Zoning Ordinance requirements. This process is available for development standards that are not subject to other relief procedures (such as variances, use permits, special exceptions, etc.).

What is the application process for a development standards modification? This process requires an application form, an application fee, about two months processing time, and a hearing at the Planning Commission. The applicant would need to demonstrate certain findings that are listed in Zoning Ordinance Section 19-19. Our office would gladly assist any person seeking to file such applications. Please note, however, that most applicants cannot demonstrate the required findings for this process.

Directions to the Planning Department

How do I get to the Planning Department? Click here for a map and directions to the Planning Department and the Public Meeting Room.

Dogs

How many dogs may I have? Keeping more than two dogs that are more than four months old for non-commercial use is defined as “private kennel.” Private kennels are permitted in the agricultural (A) district and prohibited in residential districts. A special exception is required for private kennels in residential districts. Dog licenses are available through Animal Control.

The Zoning Ordinance provides property owners the right to apply for special exceptions to allow private kennels in residential zoning districts. The public hearing process at the BZA is intended to provide a case-by-case review of such requests with input by affected residents in the area. The BZA may approve or deny such requests.

Driveways

Can I put my residential driveway right up against my neighbor’s property line? Provided that the driveway is flush with the ground, a driveway may come up to the property line. No setbacks are required. You may consider providing separation between your driveway and an adjacent property line for proper drainage and so that you may be able to maintain your driveway without encroaching onto neighboring property.

How big does my driveway need to be? The Planning Department does not regulate the size of a driveway. Please contact the Transportation Department or your local VDOT office for additional regulations.

Can I park my RV, boat, or trailer in my driveway? A recreational vehicle may only be parked in the rear year of the property, set back at least five feet from the side property line and ten feet from the rear property line. Recreational vehicle parking in front or side yard driveways is not allowed, except for loading and unloading purposes. No more than two recreational vehicles may be parked on a residential driveway at a time.

Dwelling Units Allowed

How many houses can I have on my property? In most residential and agricultural zoning districts, the Zoning Ordinance permits only one dwelling unit per lot or parcel. The Zoning Ordinance defines a dwelling unit as “any building or portion thereof providing complete independent permanent facilities for living, sleeping, eating and sanitation designed for or used exclusively as living quarters by one family.” If the structure has only one kitchen, it will be considered to be a single dwelling unit. A cooking area will be considered to be a separate kitchen if it contains a sink and at least one major appliance such as a stove or refrigerator).

Easements

What is an easement? An easement is the legal right of someone else to use all or part of your property. Easements are typically granted for ingress and egress (traveling into and out of your property), utilities (water, sewer, electricity, etc.), and drainage.

How can I find out what easements are on my property? Easements are usually on record with the Clerk of the Circuit Court. Many easements are shown on recorded subdivision plats. The Planning Department has plat information for most properties that located in recorded subdivisions. Properties located outside of recorded subdivisions typically do not have plats available in electronic format. The Real Estate Assessments Department Web site has a simple fill-in screen that you can use to find plats for many recorded subdivisions.

What can I do or build in an easement? Typically, you cannot interfere with or obstruct easement areas without the written permission of the easement owner.

Who enforces easement rights? Easements are a private civil matter between the property owner and the person/party who has the right of easement. The county is only involved in easements that are on county property or which give the county an easement right (water, sewer, storm water drainage, etc.).

Enforcement

How do I file a zoning complaint? You may report zoning violations by calling 748-1500 during normal business hours, or by using our Web-based complaint system. An inspector will visit the site within five business days. When a violation is observed we will work with the property owner to resolve it. County policy is to not reveal the identity of zoning enforcement complainants. Information you provide is confidential, excluded from the Freedom of Information Act, and will not be revealed to others.

Family Splits / Family Subdivisions

What is a “family split subdivision” and is my property eligible for this process? Some properties are eligible for the "family subdivision" process. Regulations for family subdivisions are found in Subdivision Ordinance Section 17-2, under the definition of "subdivision, residential parcel." The property would need to be divided by a residential parcel subdivision (performed by a land surveyor) and each parcel created would need to meet the following minimum standards:

• Lot Area: one acre (43,560 square feet)
• Lot Width: 150 feet (measured at the front building setback line)
• Road Frontage on State Maintained Road: 15 feet
• Property cannot be divided for a family subdivision until it has been owned by the subdivider for at least two years
• The new parcel must be granted to an immediate family member, who in turn cannot sell the new parcel for at least five years.
• If the property will be served by a septic system, separate review and approval by the Health Department would be necessary.

If the property does not enjoy direct road frontage, a variance to road frontage would be required before the property is divided. This requires an application form (contact the Planning Department), application fee and about two months processing time. The Board of Zoning Appeals makes the final decision on variance applications through a public hearing process.

Farms / Farming

I want to farm on my property. What standards apply? Farming is a permitted use by right in an agricultural district. A farm is defined as: “Any tract of land which is used for raising agricultural products and which may include facilities for the sale of such products from the premises where produced. The definition of "farm" shall not include stock farms, commercial plant nurseries, commercial greenhouses, commercial hatcheries or other commercial retail or agriculture-related industrial use.”

Can I keep farm animals on my property? The Zoning Ordinance regulates the types of permitted land uses in various zoning districts. In residential districts, household pets such as dogs, cats, parakeets, tropical fish, etc. is permitted. In residential districts and in the agricultural district on properties smaller than three acres, keeping the following animals is not permitted and would require approval of a conditional use permit:

• Chickens
• Cows
• Farm Animals
• Fowl (other than chickens)
• Goats (including pygmy goats)
• Horses (including ponies and miniature horses)
• Pigs (including pot-bellied pigs)
• Rabbits
• Sheep
• Small Domesticated Livestock

The above listed animals are permitted in agricultural districts for property that is at least three acres in size.

Fences

What are the requirements for fences? All requirements for fences should be verified using the Zoning Ordinance. You may need to check zoning conditions that may apply to your property. Contact the Planning Department for assistance.

• Residential: Click here for a brochure illustrating residential fence requirements. Fences may be up to seven (7) feet in height in side and rear yards, and up to four (4) feet in height in front and corner side yards. On corner lots no fence shall exceed a height of two (2) feet six (6) inches within twenty (20) feet in either direction of the corner lot. You may need to check restrictive covenants of your neighborhood, which are not enforced by Chesterfield County, for standards such as the style and design of fences. Covenants and lot surveys can be obtained from the Circuit Court Record Room or your community association office. There are no other architectural standards for fences in the Zoning Ordinance. Fences that are placed on your property without your permission are a civil matter not enforced by the county.

• Commercial & industrial: Screening for dumpsters, mechanical equipment, outside storage areas, and truck dock or loading areas are typically required to be designed and constructed of materials similar in color and finish to the building(s) on site. Fences, if allowed, should be designed with alternating boards that provides for two quality material faces. If a solid board fence is used the flat, quality face shall face the adjacent property and the visual structure side shall face toward the project site.

• General: Security fences are required around swimming pools and shall be at least four (4) feet in height. Barrier permits are required for security fences around swimming pools. Building permits are typically not required for fences or walls. Please contact Building Inspections for more details. Prior to digging fence post holes, please call "Miss Utilities" at 1-800-552-7001, so they can mark the location of underground utility lines. Finally be sure to check for easement and property line locations on your survey prior to contacting the Planning Department for assistance. Please note that if an easement runs along your property line, you would need to check with the easement owner to see if they will allow you to build within the easement. Most properties have a utility easement running along their rear property lines. Contact the Utilities Department to discuss encroachment into utility easements.

Final Check Subdivision Plats

What is a final check subdivision plat? A final check subdivision plat is the middle step in the subdivision process, occurring after a tentative subdivision plat is approved, and prior to approval and recordation of a record plat. Planning staff administratively reviews final check plats. An application form and application fee are required.

Floodplains / Flood Zones

How can I find out if my property is located in a floodplain or a flood zone? Floodplain and flood zone information is available through the Environmental Engineering Department.

Can I build a structure such as a shed or fence in a flood zone? Typically no structure or fence is permitted to encroach into a designated flood zone. Confirm your particular situation with the Environmental Engineering Department.

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