Chesterfield County, Virginia

What is an accessory use and what rules apply to these? The Zoning Ordinance allows various accessory buildings or land uses in each zoning district. The ordinance defines “accessory” as: “A building or a use of land used for a purpose incident and subordinate to that for which a main building is used, and the use of premises for a purpose incident and subordinate to the main or dominant use of the premises.” For a building or use to accessory, it must be lesser than the primary permitted use on the property. For example, if a detached garage building is allowed as an accessory use in a residential district, it must be smaller than the primary residential use (house).

Administrative Variances

Variances to building setbacks may be processed administratively or through the public hearing process at the Board of Zoning Appeals, at the applicant's option. Administrative variances require an application form (contact the Planning Department) and an application fee. Variances require strict legal findings, based on proof supplied by the applicant. These findings include:

(1)     That the strict application of the ordinance requirement would produce undue hardship;
(2)     That such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and
(3)     That the authorization of such administrative variance will not be of substantial detriment to adjacent property and that the character of the zoning district will not be changed by the granting of the administrative variance.

In most situations, new construction cannot meet these criteria. Typically, hardship findings cannot be made if there is a feasible design solution available that meets code requirements. We encourage you to review all possible design solutions that would not require a variance process.

What types of animals are allowed at my house? The Zoning Ordinance regulates permitted land uses in zoning districts. In residential districts, household pets such as dogs, cats, parakeets, tropical fish, etc. are permitted “accessory uses.” 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

What types of animals are not allowed? In residential districts, and in the agricultural district on properties smaller than three acres, keeping the following animals requires approval of a conditional use permit:

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

I want to keep an “exotic” animal. What are the rules? Approval of a conditional use permit would be required in agricultural or residential districts to keep animals that have the same general character as farm animals or small domesticated livestock. Keeping animals that do not fit the above-listed categories requires approval of a conditional use planned development.

How can I appeal a recent planning or zoning decision? The Code of Chesterfield County provides the right of appeal to certain persons for a variety of different zoning and subdivision decisions. The appeal process depends on the type of action you wish to appeal. There may also be an application fee for certain types of appeal applications. The right to appeal in some cases is restricted. Please contact the Planning Department to discuss your particular situation.

Where can I get application forms for zoning or development projects? Most application forms are available at the Planning Department front counter. Application forms for rezoning, conditional use permits, conditional use planned developments, and substantial accord determinations are available upon completion of a mandatory pre-application meeting with zoning staff. Many forms are available online in Adobe PDF format. The county is researching options for online application submission. However, at this time, paper copies of applications must still be submitted.

Can I submit applications by mail or by courier? Application resubmittals and supplemental information can generally be sent by mail or courier. New applications should be submitted in person, directly by the application or agent, so that any incomplete items may be fully communicated. Applications that are not filed in person may require longer processing times in order to evaluate application completeness.

What happens if I submit an incomplete application? Planning Department staff will work with you to identify the missing or incomplete parts of the application. Certain items (including, but not limited to the application form, power of attorney form, and the application fee) must be included in the submittal or your application will be returned.

How will a proposed development affect my property values? The county does not provide real estate advice and cannot predict the potential impacts of any development proposal on nearby property values. You may wish to discuss this question with a real estate professional.

How are assessments increasing in my area? Click here for general information regarding assessments. The Chesterfield County Communities Report provides information on a variety of housing indicators, including assessment trends.

The Chesterfield County Zoning Ordinance (Section 19-638) allows temporary sign banners that advertise special events (i.e. sales, grand opening, community events). A free banner permit is required for each banner. Outlined below is a brief synopsis of banner requirements:

Who is my Board of Supervisors representative? The county is divided into five magisterial districts (Bermuda, Clover Hill, Dale, Matoaca, and Midlothian), each with its own elected representative to the Board of Supervisors. The Real Estate Assessments Department Web site has a simple fill-in screen that you can use that will show your magisterial district. Click here for contact information for your Supervisor.

Where do I find information about Board of Supervisors meetings? Click here for information about meeting dates, agendas, and minutes. Click here for recent and upcoming zoning case agendas.

What is the Board of Zoning Appeals and what do they do? Click here for general information about the Board of Zoning Appeals (BZA). The BZA reviews applications for variances and special exceptions, and certain types of appeals.

Who is my Board member? The county is divided into five magisterial districts (Bermuda, Clover Hill, Dale, Matoaca, and Midlothian), each with its own elected representative to the BZA. The Circuit Court appoints commissioners to represent each district. The Real Estate Assessments Department Web site has a simple fill-in screen that you can use that will show your magisterial district.

Where can I store my boat? The Zoning Ordinance defines boats as “recreational equipment” and limits boat storage in residential districts. Recreational equipment may not be parked in front yards (except for loading or unloading), and must be parked or stored in a rear yard in an area set back at least ten feet from rear lot lines and five feet from side lot lines. No trailer shall have its wheels removed except for repair purposes

What are buffers? A buffer is a natural screening area composed of natural vegetation, such as trees and underbrush. The intent of a buffer is to shield developments from adjoining roads, more intense land uses, noise, glare, and to maintain privacy.

What buffer requirements apply to my property? Buffer widths, locations, and requirements vary across the county. Contact the Planning Department to discuss your particular situation.

What can be done in buffer areas? Designated buffers cannot be disturbed. This includes removing trees and underbrush.Removal of dead or diseased trees in buffers must be approved by the Planning Department. Accessory buildings such as garages and sheds may not encroach into a buffer.

I’d like to build an addition to my house. What is required? Before construction begins you should contact the Planning Department to verify building setbacks, and contact the Building Inspections Department regarding building permit requirements.

What about the requirements to expand my non-residential building? Very minor additions (less than 2,500 square feet of total land disturbance) generally require only a building permit. Non-residential additions that result in 2,500 to 10,000 square feet of land disturbance may be eligible for minor site plan review. All other non-residential additions typically require site plan review.

Do I need a building permit? A building permit is required for most new construction. Information about building permits is available from the Building Inspections Department. Building permits are generally not required for fences (except for masonry walls) and small accessory structures (such as sheds less than 150 square feet, costing less than $500 in materials and labor).

I have a vacant lot. Can I build a house on it? Factors such aszoning, lot area, lot width, utility connections, and parcel creation date may all affect whether a lot or parcel is buildable for a residence. Contact the Planning Department to discuss your particular situation.

What are building setbacks and why are they required? Building setbacks are the minimum distance separation required between property lines and a building. Setbacks are required by the Zoning Ordinance. The purpose of building setbacks is to provide adequate yard areas and separation between buildings for light, air and privacy between properties. The term “yards” is used in the ordinance to indicate required building “setbacks.”

What building setbacks apply to my property? Ordinarily, the required minimum yards listed in each residential zoning districts apply to properties within such districts. Setbacks for office, commercial, and industrial uses are outlined in the Zoning Ordinance through a variety of district and area regulations. Setback requirements for any property may also be modified by a condition of zoning, recorded subdivision plat, or by variances granted by the Board of Zoning Appeals. Please contact the Planning Department to discuss your particular situation.

What are the requirements for building a carport on my property? Generally, a carport will require building permit approval through the Building Inspections Department, prior to construction. If the carport is attached to the main structure on the property (such as a house) it would need to comply with building setback requirements for the main structure. If the carport is detached (stand-alone), it would need to comply with the building setback requirements for accessory structures.

I want to open a car repair business. What are the county requirements? The property where you wish to operate the business would need to be properly zoned. Generally, such businesses are not permitted in residential, agricultural, or office zoning districts. You will also need a business license to operate the business.

I want to repair my car at my house. What county standards apply? Car repair of your personal vehicles is permitted by zoning at your residence, subject to certain limitations. The car repair activity cannot be a business (home occupation), and inoperable vehicles must be shielded or screened from view from adjacent properties. Private covenants or homeowners association requirements may also prohibit or further restrict vehicle repair.

I have a car that doesn’t run. Are there particular storage requirements for keeping this at my home? Only one inoperable vehicle may be stored outside of a fully enclosed building, provided it is shielded or screened from view.

Case (Site Plan, Subdivision, Zoning, etc.)

What does the term “case” mean, as used by the Planning Department? The term case is used to refer to individual applications for zoning or planning approvals. Applications for planning or zoning approval are assigned eight digit alphanumeric codes for tracking and project management purposes (for example: 06SN0123). The first two digits identify the fiscal year when the application was received. The next two letters identify the type of application. The final four digits are assigned in the order of application receipt. This case number is used throughout the planning process and is included in pubic hearing notices and meeting agendas.

CC&Rs (covenants, conditions and restrictions)

What are covenants or CC&Rs? Zoning standards are "minimum" standards that apply to all property. Certain subdivisions also have private covenants, conditions and restrictions (CC&Rs) and/or property owner associations. These additional conditions are not enforced by the county, since they are private legal arrangements between property owners. These conditions are enforced by property owner associations, or by private property owners in a subdivision, or both. Often, covenants are more restrictive than county ordinances. However, in the case where covenants are less restrictive, county standards still apply as the minimum requirement.

Some associations are mandatory, meaning that all residents must pay a membership fee. Others are voluntary, meaning that membership is optional. Associations are a primary means for enforcing property covenants. Covenants vary by subdivision, and are usually on record in the Clerk of the Circuit Court. The Planning Department does not maintain records of private property covenants.

Census Data

Where can I find Census data for Chesterfield County? The Census Bureau conducts a decennial census (once every ten years) of population and housing, and produces a variety of other demographic reports. 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.

Census Tracts

What is my Census Tract number? Click here for map showing year 2000 census tracts. Click here for a map showing year 1990 census tracts.

Chickens

Are chickens allowed in my neighborhood? Chickens are permitted in the agricultural district on property that is at least three acres in size. In residential zoning districts, and in the agricultural district on properties smaller than three acres, keeping chickens is not permitted, and would require approval of a conditional use permit:

What are the rules for running a childcare business out of a home? Childcare is a permitted use in residential and agricultural districts provided that the childcare 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.

Churches / Places of Worship

Where are churches or places of worship allowed? Churches and other places of worship are permitted uses by right in most residential and commercial zoning districts. Contact the Planning Department to verify the zoning on a specific property, to see if a church or other place of worship would be permitted.

Can I have a church meeting in my home? Your home may be used for occasional group meetings (such as a weekly bible study) if your home is primarily used for residential purposes and the church or other place of worship has permanent office and/or meeting facilities in another location. If your home is the primary meeting or office location for the church, the site would need to be improved to meet commercial development standards (parking, landscaping, handicap accessibility, etc.).

Citizen Notification

How are citizens notified of upcoming planning or zoning requests? Applications for zoning actions, subdivisions, and site plans are announced in a variety of ways. Mailed notices are typically sent to the property owner of record for properties adjacent and contiguous to the proposed project site, and to persons and organizations that have requested written notice. Projects requiring a public hearing are also noticed through newspaper legal advertisements. The county also posts signs announcing proposed development requests near proposed project sites. These signs include a three-digit code (the last three digits of the proposed case number) and the phone number of the Planning Department's teleworks information system (751-4700). This system provides 24-hour automated basic information about the proposed application. Click here for additional project information for upcoming public hearings.

Code 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. Chesterfield 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. Violations in public roads should be referred to the Police Department.

Complaints

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. Chesterfield 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. Violations in public roads should be referred to the Police Department.

Comprehensive Plan

What is the Comprehensive Plan? The Comprehensive Plan is adopted by the Board of Supervisors to guide future growth and development. The Plan serves as the guide for evaluating future rezoning decisions.

When will the Comprehensive Plan be updated? Portions of the plan are nearly always under review or in the midst of an update process. Plan updates are scheduled based on a variety of factors, including age of the plan, changing development patterns, interest of the Planning Commission and Board of Supervisors, and staff resources. Click here for current plan areas that are in the process of being updated.

How do I find my Plan area? Click here for an overview of the Comprehensive Plan. Page 10 of this document shows the various Plan areas.

Conditional Use Permits

What is a conditional use permit? Theconditional use permit process allows the County to consider certain types of land uses (conditional uses) that are not normally permitted in a zoning district. This process allows a case-by-case review certain land uses, to examine how the proposed use would affect nearby properties. This review provides the opportunity for the public to express support or concerns about the proposed land use through public hearings. The Board of Supervisors makes final determinations on whether to grant a conditional use permit.

What steps are necessary for getting a conditional use permit? Conditional use permit applications follow a standard public hearing process. This process typically requires four to six months, and includes the following basic steps:

What is a conditional use planned development? The conditional use planned development process allows the county to consider exceptions to “bulk” standards (such as required setbacks) and “use” standards (for consideration of land uses not permitted in a zoning district). This process is often used to promote high-quality, mixed- use developments with unique standards that are appropriate to a specific development. This review provides the opportunity for the public to express support or concerns about the proposed land use through public hearings. The Board of Supervisors makes final determinations on whether to grant conditional use planned developments.

What steps are necessary for conditional use planned development approval? Conditional use planned development applications follow a standard public hearing process. This process typically requires four to six months, and includes the following basic steps:

I understand that conditional use planned developments can include “use exceptions” and “bulk exceptions.” What are these? Use exceptions are specified uses that are not permitted by right in a given zoning district. These use exceptions may be permitted through the approval a conditional use planned development. Bulk exceptions are requested variations from the development standards of the Zoning Ordinance (example: setback, parking and landscaping requirements).

What are conditions of zoning? Through the rezoning process, the Board of Supervisors may accept proffered conditions (voluntary offers by the applicant to develop a property subject to certain conditions) or require conditions to be placed on future development. These conditions are binding legal obligations that are often more restrictive than the normal zoning standards.

Several zoning cases apply to my property and they have conflicting conditions for development. How can I find out which rules apply? If two or more zoning cases have conflicting conditions, the most recently approved condition would apply.

How can I find what conditions of zoning apply to my property? This information is not yet available on our Web site. Please contact the Planning Department.

Contact Information

How do I contact the Planning Department? Click here.

Covenants

What are covenants or CC&Rs? Zoning standards are "minimum" standards that apply to all property. Certain subdivisions also have private covenants, conditions and restrictions (CC&Rs) and/or property owner associations. These additional conditions are not enforced by the county, since they are private legal arrangements between property owners. These conditions are enforced by property owner associations, or by private property owners in a subdivision, or both. Often, covenants are more restrictive than county ordinances. However, in the case where covenants are less restrictive, county standards still apply as the minimum requirement. Some associations are mandatory, meaning that all residents must pay a membership fee. Others are voluntary, meaning that membership is optional. Associations are a primary means for enforcing property covenants. Covenants vary by subdivision, and are usually on record in the Clerk of the Circuit Court. The Planning Department does not maintain records of private property covenants.

Crime Information

Where can I get information about crime rates in my neighborhood? The Chesterfield County Communities Report provides a variety of crime information at the community scale. The county is divided into 25 communities for the purpose of yearly study of various community trends. The report provides crime data for violent crimes, property crimes, and quality of life crimes. Additional crime information may be available through the Police Department.

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