Planning & Zoning: Questions and AnswersLast Update: September 13, 2005
Zoning is a valuable tool for regulating growth and development in a locality in that it allows the local government the authority to determine where and how land use will occur. Zoning is used to control how intensely land is used. Zoning was first introduced in the early twentieth century to separate incompatible uses, primarily for health, safety and moral concerns (such as separating industrial areas from residential). The 1926 Supreme Court case, Euclid v. Ambler Realty Co., ruled for the power of localities to practice zoning to promote public welfare. The type of zoning created by this case, known as Euclidean zoning or conventional zoning, is the most common zoning type in the United States and regulates the way land is used. This zoning segregates land uses and controls land use through the use of setbacks, lot sizes and building height. Another type of zoning is form-based zoning which prescribes standards for the built environment rather than separating uses. Currently, Cumberland County has five main zoning types: agricultural, residential, business, industrial and recreational. Within these types are specific zoning districts that regulate the uses and lot requirements. For example, within the residential zoning type there is Multiple-Family Housing (R-2M) which permits a higher density and use intensity than the Rural Residential (R-2) zoning district.
Cumberland County has a large number of unsurveyed parcels of land. In order to state specific boundaries of a parcel, a survey is necessary to establish metes and bounds, set iron rods for corners, and generally draw a line around the periphery of the property (as opposed to stating in the deed “3 feet from the large rock at the base of the large oak tree next to the stream in the back of the property to the lilac shrub at the end of the lane next to the orange grove and then going west....” Although descriptions of a property in a deed are used to convey the same property each time it is sold, the term “plus or minus” is most often used in fixing the acreage at a specific amount for land that has not been surveyed. The survey creates precise acreage in the process of measurement, and is then referred to in the transferring deed for the exact measurement of the land in question. This can be a substantially larger – or smaller – amount of land than is specified in the deed alone. After survey, only this specific and precise amount of land – or portions adding up to this amount - can then be conveyed by sale or by Will. As newly surveyed land helps to set some of the boundaries of contiguous unsurveyed land, this will eventually reduce or increase the size of parcels currently on the books and listed as plus or minus This can be of great financial importance in establishing a price for land, in appraising it and selling it for an amount per acre.
A setback is the minimum distance that a structure must be from a lot line. The setbacks are used to ensure safety as well as conformity among buildings in a specific area. The setback requirements for Cumberland County vary according to zoning district. A-2 (Agricultural) and R-2 (Rural Residential) Setbacks: Front: 130 feet from the centerline of the right-of-way for a primary road and 75 feet from the centerline of a secondary road. Side: 25 feet. Rear: 35 feet. R-3 (Rural Residential) Setbacks: Front: 130 feet from the centerline of the right-of-way for a primary road and 60 feet from the centerline of a secondary road. Side: minimum of 15 feet with a total of 35 feet. Rear: 35 feet. R-3 lots have a five-acre average. B-1 and B-2 Setbacks: Front: 100 feet from the right-of-way for a primary road and 60 feet from the centerline of any secondary highway (for B-1 there is an exception for this in the Cumberland village area). Side: 15 feet. Rear: 35 feet. RA-1 (Recreational Area) Setbacks: Front: 150 feet from the centerline of any road right-of-way. Side: 25 feet. Rear: 50 feet.
What is a non-conforming parcel? A non-conforming parcel is a legally platted lot that does not meet the area or width requirements of the County Code, typically because the lot was in existence prior to the effective date of the ordinance or an amendment.
What is a conditional use permit? A conditional use permit (CUP) authorizes a use not routinely allowed on a property due to the present zoning. A CUP requires a public hearing and, if approved, adherence to specific conditions by the applicant. The County Code describes uses for each zoning district that may be permitted with a CUP (for example, a church may be permitted in an agricultural zone with a CUP). More information about CUPs and conditional zoning can be found in County Code Sec. 74-671 through 74-677.
A variance is a reasonable deviation 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 when the strict application of the zoning ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of the zoning ordinance and would result in substantial justice being done. A variance is not granted due to nonconformities in the zoning district.
What is a parent tract? How many parcels can I get by-right from a parent tract? A parent tract is a parcel lawfully created and platted before April 5, 1991. A parent tract may be divided into a total of three parcels since this date without the need to go through the rezoning process.
What is a family subdivision and what are the requirements? A family subdivision is the division of a parcel to an immediate family member of the property owner. An immediate family member includes offspring, siblings, spouse and parents of the property owner. Only one family subdivision is allowed per member of the family. A family subdivision must meet VDOT and Health Department requirements. A family subdivision may not be used to circumvent the subdivision ordinance and must be done in good faith.
The minimum lot size is two acres in residential and agricultural areas. However, if a property utilizes public sewer it may be 20,000 square feet. For business zones, there are no area requirements for lots served by public sewer.
How can I obtain maps for the county? Currently, we offer road and trail maps available in the Planning and Zoning office. In the near future we anticipate having available zoning, land use, orthographic and other maps available for purchase.
Why am I charged fees for zoning, erosion and sediment, filing a plat, etc…?
The County charges fees for erosion and sediment, zoning and building permits, and filing plats to defray the administrative costs of reviewing, researching and periodic inspection of a property. For example, the fees for erosion and sediment are used to offset the costs of adhering to the state’s Erosion and Sediment Control Law.
ZONING AND SUBDIVISION FEE SCHEDULE FOR THE FOLLOWING:
Who should I contact about communications towers and what are the ordinances that regulate the towers?
Please contact Aaron Hickman at ahickman@cumberlandcounty.virginia.gov or 804/492.5398 for general inquiries regarding communications towers. If the inquiry pertains to zoning, please contact the Planning and Zoning department at 804/492.3520. If the inquiry pertains to building permits and inspection, please contact The Building Inspector at 804/492.9114. County Code regarding communications antennae and towers may be found in Sec. 74-731 through Sec. 74-747. Please note that communications towers are permitted in A-2, B-1, B-2, B-3, M-1 and M-2 zoning districts through a Conditional Use Permit.
How do I report and file a complaint?
The County receives many complaints ranging from abandoned houses, shooting firearms, burning trash and junkyards, to name a few. We appreciate the eyes of local citizens to identify such violations.
If you have a complaint about your neighbor, or a property in Cumberland County, please send a written complaint to Catherine Kahl, Planner/Zoning Administrator, PO Box 110, Cumberland, Virginia 23040. The complaint should include the address, or tax map number, of the property in violation as well as description of the complaint. Upon receipt of the written complaint, we will inspect the alleged complaint for a zoning violation. If the property violates County Code, a violation letter will be sent to the property owner and follow-up action will be taken as necessary.
Where can I find the County Code?
The County Code can be accessed online through the County website. Go to www.cumberlandcounty.virginia.gov and follow the link to the Planning and Zoning page. From here there is a link to the interactive, searchable version of the Code. The Planning and Zoning Department also offers hard copies of the Code for purchase.
What is a “tag sheet”? How long does it take to get a health permit for well and septic?
A tag sheet is the first step in obtaining a permit for well and septic from the Health Department. The Planning and Zoning Department must sign off on the tag sheet to check that the proposed site/house/mobile home/business is permitted in the zoning district. This signature provides a zoning “green light” to the Health Department.
What is the process for building a house, garage or other accessory building? A helpful guide for this process can be downloaded and printed out for your convenience.
What is the process for subdividing a piece of property? A helpful guide for this process can be downloaded and printed out for your convenience.
|