Frequently Asked Questions

 

                                                     Building FAQs    Environmental FAQs
                                                     Planning FAQs    Zoning FAQs

 

 

BUILDING FAQs

Why do I need a Building Permit?
Who establishes authority?
What Codes do we enforce?
Who is the Building Official?
Where can I get a copy of the VUSBC?
Where does a resident/applicant file for a building permit?
Is there a Fee?
How long will it take to get my permit?
Are inspectors available for inspections of work that may not require a permit?
Are there inspectors available for questions?


PLANNING FAQs

What is the Planning Commission?
Who are the members of the Planning Commission?
What is a Family Subdivision?
What is a Minor Subdivision?
What is a Major Subdivision?
What happens after an application is submitted?
 

ZONING FAQs

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?
May 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?
 

ENVIRONMENTAL FAQs

When do I need a Land Disturbance Permit?
What is required to get a land disturbance permit?
Is there a Fee?
Why do I have to post an Erosion and Sediment Bond?
What is required to get a Bond released?
What is a RPA buffer?
Are Environmental Staff Members available to do courtesy inspections?

 

 

 

 

 

 


 

Why do I need a Building Permit?

In accordance with Section 36-99 of the Code of Virginia, the purpose of the Building Department is to protect the health, safety and welfare of the residents of the Commonwealth of Virginia, provided that buildings and structures should be permitted to be constructed at the least possible cost consistent with recognized standards of health, safety, energy conservation and water conservation, including provisions necessary to prevent overcrowding, rodent or insect infestation, and barrier-free provisions for the physically handicapped and aged. ↑Top

 

Who establishes authority?

The Virginia Uniform Statewide Building Code (VUSBC) is a state regulation promulgated by the Virginia Board of Housing and Community Development, a Governor appointed board, for the purpose of establishing minimum regulations to govern the construction and maintenance of buildings and structures. ↑Top.

 

What Codes do we enforce?

The provisions of the VUSBC are based on nationally recognized model building and fire codes published by the International Code Council, Inc.  The model codes are made part of the VUSBC through a regulatory process known as incorporation by reference.  The VUSBC also contains administrative provisions governing the use of the model codes and establishing requirements for the enforcement of the code by the local building department. ↑Top

 

Who is the Building Official? 

He is the executive official in charge of the building department and responsible for the enforcement of the VUSBC in Caroline County.  His specific powers and duties are outlined in Section 105 of the VUSBC. ↑Top

Where can I get a copy of the VUSBC?

This publication is available on-line at the Department of Housing and Community Development www.visitcaroline.com. ↑Top

 

Where does a resident/applicant file for a building permit?

The building department office is in the Planning and Community Development building located in Bowling Green.  All forms and information are available at the front counter or on-line at www.visitcaroline.com. ↑Top

 

Is there a Fee?

Yes.  In accordance with the VUSBC, a published fee schedule is available and includes the cost for all construction and trade work requiring a permit. ↑Top

How long will it take to get my permit? 

If your permit application is complete and has no issues during plan review that would require additional submittals, you can expect a residential permit within 21 days and a commercial permit within 45 days. ↑Top

 

Are inspectors available for inspections of work that may not require a permit?

Yes.  The VUSBC mandates that the building department provide this service.  Be aware that there is a courtesy inspection fee to cover these site visits.  ↑Top

 

Are there inspectors available for questions?

Yes.  Inspectors are available from 7:30 a.m. until 5:00 p.m., Monday thru Friday.  Please call 804-633-4303.  ↑Top

 

 

 

 

What is the Planning Commission?

The Planning Commission (PC) is a body established by State law. The mission of the PC is to promote the orderly development of the County and its environs.  The PC serves in an advisory capacity to the B.O.S..   The PC must always abide by and comply with the powers granted to it by the Zoning Ordinance and the State-enabling act.   ↑TOP

 

Who are the members of the of the Planning Commission?

The Planning Commission consists of Caroline County residents (presently five) appointed by the BOS.  Each member is also a resident of the election district of the Board member who appoints him.  At least one-half of the members appointed shall be owners of real property. 

  1. The Planning Commission is empowered by Section 15.2-2160 - 2307 of the State Code of Virginia to:

  2. Exercise general supervision of, and make regulations for, the administration of its affairs.

  3. Authorize the development of studies and surveys for the preparation of a comprehensive plan.

  4. Appoint subcommittees and/or advisory committees.

  5. Review the adopted comprehensive plan every 5 years.

  6. To review and submit an annual capital improvement plan to the BOS.

  7. To review and recommend adoption of subdivision, zoning, Chesapeake Bay and other land development regulations and policies.

  8. To approve subdivision plats.  ↑TOP

What is a family subdivision?

A family subdivision is a division of land where both the grantor and grantees are members of the same immediate family.  The immediate family includes the following: grandparents, parents, children, siblings, grandchildren, aunts, uncles, nieces, and nephews.  Family subdivisions can be created by right in the Rural Preservation (RP) zoning district only.  Family subdivisions differ from minor subdivisions in four (4) ways.  First, after the land is transferred to the immediate family member it cannot be transferred to a non-immediate family member for five (5) years.  Secondly, the parcel transferred to a family member has to be a minimum of two (2) acres (not ten (10)acres as required as a minor subdivision in the RP zoning district).  Additionally, the newly created parcel has to be served by a twenty (20) foot wide right-of-way from an existing state road.  Finally, the parcel has to be used for their family member’s immediate housing needs.  ↑TOP

 

What is minor subdivision?

A minor subdivision is a division of land where only two (2) lots are created; one new lot, and the remainder of the  original parcel.  Both parcels have new creation dates because of this division.  Each lot must meet the dimensional criteria as specified in the zoning ordinance for the district in which it is located.  Boundary Line Adjustments (BLA) and Lot Line Vacations are also considered minor subdivisions.  BLAs are the way in which one parcel transfers acreage to or from an adjacent property.  When two or more lots are being combined, it is considered a lot line vacation.    ↑TOP

 

What is a major subdivision?

A major subdivision is a division of land where three (3) or more lots are created.  This type of development requires the installation of a road constructed to Virginia Department of Transportation (VDOT) standards and Planning Commission approval.  ↑TOP

 

What happens after an application is submitted?

The staff will review the application to verify its completeness.  Once the application is accepted, any deficiencies will be noted and told to the owner, applicant and/or agent.  If this is an administratively approved subdivision (minor or family) the Subdivision Agent will conduct a review of the application and plat to ensure all requirements have been met.

 

If it is a major subdivision it will be placed on the agenda for the appropriate Technical Review Committee (TRC) and Planning Commission meetings based on the submission date.  TRC meetings are generally held the first Wednesday of each month to discuss and review site plans and subdivision plats, while the Planning Commission meetings are generally held on the third Wednesday of each month. 

 

The applicant will receive notice of the date, time, and place for the Planning Commission action on the application.  The Subdivision Agent will prepare a staff report for the Commission members concerning the request, which will include pertinent code sections and factual statements.  The applicant will receive a copy of this report approximately one week prior to the meeting.  Members of the Commission may inspect the property prior to the meeting to better appreciate the request.  However, the members do not generally meet with the applicant during the inspection or prior to the Commission meeting.  ↑TOP

 

 

 


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

 

 

 

 

 

When Do I Need a Land Disturbance Permit?

Typically, any land disturbance 2500 square feet or greater requires a permit.  Certain exceptions do apply. ↑TOP
 

What is required to get a land disturbance permit?

A completed application with an approved E&S plan.  The permit fee and usually an E&S Bond will be required prior to the permit being issued.  Please see Departmental Staff to discuss the details. ↑TOP

 

Is there a Fee?

Yes.  A published fee schedule is available at the office of Planning and Community Development and online at http://www.visitcaroline.com/planning.html ↑TOP

 

Why Do I Have to Post an Erosion and Sediment Bond?

The Bond ensures that all land disturbance is finished according to approved plans and that final stabilization satisfies standards set forth in both local and state law. ↑TOP

 

What is required to get a Bond Released?

Inspectors will be looking for a mature and healthy yard free of any drainage or erosion problems.  All temporary E&S controls must be removed prior to a bond release.  The final grade and drainage pattern must closely match what was presented on approved plans.  ↑TOP

 

What is a RPA buffer?

RPA stands for Resource Protection Area.  RPA buffers are mandated under the Chesapeake Bay Act.  RPAs are typically a 100’ protected buffer from the edge of a waterway or wetland.  Valuable information on RPAs can be found in Caroline County’s Homeowner's Guide to Waterfront Living”.   ↑TOP

 

Are environmental staff members available to do courtesy inspections?

Yes.  Environmental staff members are eager to assist homeowners with pre-existing drainage or stabilization problems.  Please call (804) 633-4303 or stop by the Planning and Community Development office between the hours of 8:30 a.m. to 5:00 p.m.. ↑TOP

 

 

 

 

 

 

 

 

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