Zoning, building permits and septic rules in Town of Fincastle, Virginia

Town of Fincastle’s own rules

• Local zoningPresent

  Land inside the limits of Fincastle town, Botetourt County, VA

  • Ordinance effective September 13, 1977, amended through July 29, 2024.
  • Section 1 applies only to properties within the old town boundaries that existed before the voluntary boundary adjustment agreement with Botetourt County, unless otherwise indicated.

  “this ordinance classifies and regulates the use of land, buildings, and structures within the limits of the town of fincastle, commonwealth of virginia as hereinafter set forth.”

• Zoning districtsPublished

  Zoning districts in Fincastle town

  • Official zoning map is kept in the office of the clerk of the town council; the town site posts the ordinance and an index but the map was not opened.
  • The ordinance incorporates county-derived classifications (e.g., sections numbered 25-xxx for R-1 to R-4, B-1, A-1 style districts) for areas annexed under the boundary adjustment.

  “the incorporated areas of the town of fincastle are hereby divided into zoning districts, as named and described in this ordinance.”

• Minimum lot sizeSpecified

  RL (main single-family residential) district in Fincastle town; schedule applies to the old town boundaries

  • RH district: 2,500 sq ft per dwelling unit plus 200 per bedroom, 75 ft width.
  • Annexed areas carry Botetourt-derived district rules (e.g., R-1 20,000 sq ft; R-2 17,500 sq ft single-family; R-3 15,000 sq ft).

  minimum lot area, RL: 7200 sq ft · minimum lot width, RL: 60 ft

  “rl 10 10 30 30 7,200 60 70 rh 40 15' or 30% of height of structure whichever is greater 35 30 2,500 per dwlg. unit plus 200 per bedroom 75 30”

• SetbacksSpecified

  Principal structures in RL district, Fincastle town

  • Accessory structures have separate setbacks in section (3).
  • RH district: front 40, side 15 ft or 30% of height, rear 35.

  front setback: 10 ft · side setback: 10 ft · rear setback: 30 ft

  “rl 10 10 30 30 7,200 60 70 rh 40 15' or 30% of height of structure whichever is greater 35 30”

• Lot coverageSpecified

  RL district, Fincastle town

  • RH district maximum ground cover 30%.

  maximum ground cover ratio, RL: <= 70 %

  “rl 10 10 30 30 7,200 60 70 rh 40 15' or 30% of height of structure whichever is greater 35 30 2,500 per dwlg. unit plus 200 per bedroom 75 30”

• Building heightSpecified

  RL district, Fincastle town

  • Section 107 also limits buildings to three stories from grade; RH limit is 30 ft.

  height limit, RL: <= 30 ft

  “to exceed the height of three (3) stories from any point above grade level; or thirty (30) feet to ceiling of top story;”

• Manufactured homesLimited

  Individual mobile homes as a conditional use in the residential district whose conditional-use list contains them, Fincastle town (district name not captured)

  • Water supply and sewer connection conforming to county and state health laws.
  • Land owned by the occupant or owners related in the first degree to an occupant.
  • Must meet yard, lot and other requirements for a principal one-family dwelling.
  • No mobile home within 500 feet, including streets and alleys, of an existing dwelling or mobile home.
  • Mobile home parks: none allowed.

  minimum distance to existing dwelling or mobile home: >= 500 ft

  “no mobile home shall be permitted within five hundred (500) feet, including streets and alleys, of an existing dwelling, or a mobile home.”

• Building in a floodplainRequired

  Development in floodplain districts in Fincastle town

  • Strict compliance with the floodplain division and other codes such as the Virginia Uniform Statewide Building Code and subdivision regulations.
  • Zoning administrator requires applications to show compliance with state and federal law.

  “all uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit by the town.”

• Short-term rentalsLimited

  Short-term rental in the residential district whose section lists it as special use permit use, Fincastle town

  • Special use permit under section 612 required.
  • Amended 1/14/2015.

  “the following uses are permitted by special use permit only, in accordance with the rules and regulations set forth in section 612 of the zoning ordinance: • bed and breakfast • short-term rental”

• Permit processPartial

  Zoning permits in Fincastle town

  • A zoning permit may be required if a building permit is required; applicant must verify with the zoning administrator.
  • Failure to obtain a zoning permit is a violation punishable under section 505.
  • Building permit procedure and fees not found.

  “a zoning permit may be required if a building permit is required. it is the responsibility of the applicant for the building permit to verify with the zoning administrator if a zoning permit is required or not.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Fincastle or Botetourt County directly.

• Building permit — Building permits in Fincastle town
• Owner-builder exemption — Owner-builder exemption in Fincastle town
• Building code adopted — Building code in Fincastle town
• Inspections — Building inspections in Fincastle town
• Certificate of occupancy — Certificates of occupancy in Fincastle town

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.