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

Town of Middletown’s own rules

• Building permitRequired

  A wall, structure, building, or part thereof built, enlarged, or altered inside Middletown town limits; Frederick County Building Inspections Department receives the plans and issues the permit.

  • Plans and a statement of materials must be submitted in duplicate writing to Frederick County Building Inspections Department.
  • The department issues the permit if the work accords with Chapter 84.

  “No wall, structure, building or part thereof shall hereafter be built, enlarged or altered in the Town until a plan of the proposed work, together with a statement of the materials to be used, shall have been submitted in duplicate copies in writing to Frederick County Building Inspections Department, which shall, if in accordance with the provisions contained in this chapter, issue a permit for the proposed construction.”

• InspectionsRequired

  Buildings or structures under construction inside Middletown town limits for which a permit has issued.

  • Inspection is performed by the County Building Inspector as often as practical.
  • The inspection concerns compliance with law and safe prosecution of construction.

  “The County Building Inspector shall, as often as practical, inspect all buildings or structures during construction for which a permit has been issued”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Middletown town limits.

  • The chapter table of contents also identifies B-1, B-2, Historic District, and Middletown Traditional Neighborhood Design provisions.

  named districts: R-1 Residential District; RA Rural Areas District; B-1 Central Business District; B-2 Highway Business District; Historic District

  “§ 220-4 Residential District R-1. § 220-5 Rural Areas District RA. § 220-6 Central Business District B-1. [...] § 220-8 Highway Business District B-2. § 220-9 Historic District.”

• Living in an RVTemporary only (with conditions)

  Travel trailers in the Residential District R-1 inside Middletown town limits.

  • Travel trailers may be stored only within the minimum rear-yard requirements.
  • Regular occupancy is prohibited.
  • Temporary occupancy may not exceed three days.

  maximum temporary occupancy: <= 3 days

  “Travel trailers, provided that they shall be stored only within the minimum rear yard requirements and shall be prohibited from regular occupancy. Temporary occupancy up to a maximum of three days is permitted.”

• Manufactured homesProhibited

  Manufactured or mobile homes in Residential District R-1 inside Middletown town limits.

  “Manufactured or mobile homes as defined are not permitted.”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Middletown town limits.

  “Chapter 188 Subdivision of Land (§ 188-1 – § 188-34)”

• Driveway accessRequired

  A building-permit applicant inside Middletown town limits where a state highway entrance permit is implicated.

  • Before building-permit approval, the applicant must satisfy the County Building Inspector and Zoning Administrator that a state highway entrance permit has been applied for.

  “As a prerequisite to the obtaining and approval of a building permit, the applicant shall satisfy the County Building Inspector and the Zoning Administrator that a state highway entrance permit has been applied for.”

• Permit feesPublished (with conditions)

  Building permits inside Middletown town limits.

  • The listed one- and two-family dwelling rate includes permits, plumbing, electrical, and mechanical.
  • A 2% state surcharge is charged on permits only; the code lists exceptions from that surcharge.

  one- and two-family dwelling permit fee: per 0.4 USD per square foot (Includes attached garages, carports, decks, porches, storage units, chimneys, fireplaces, wood stoves, indoor swimming pools/whirlpools, and retaining walls for new covered dwellings.)

  “One- and two-family dwellings, townhouses and apartments [...] $0.40 per square foot (includes all permits, plumbing, electrical and mechanical).”

• Permit processPublished (with conditions)

  Building construction inside Middletown town limits.

  • The applicant must provide duplicate written plans and a statement of materials to Frederick County Building Inspections Department.
  • Issuance is conditioned on conformance with Chapter 84.

  “a plan of the proposed work, together with a statement of the materials to be used, shall have been submitted in duplicate copies in writing to Frederick County Building Inspections Department”

Rules another office applies inside Town of Middletown

Town of Middletown does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Minimum lot sizeSpecified

  Residential District R-1 inside Middletown town limits.

  minimum lot area: >= 10000 square feet

  “The minimum lot area shall be 10,000 square feet.”

  One more reviewed finding on this topic

  • Specified — Rural Areas District RA inside Middletown town limits.

    “The minimum lot size for permitted uses shall be two acres.”

• SetbacksSpecified

  Residential District R-1 inside Middletown town limits.

  • The front setback has the stated adjacent-structure averaging exception.
  • A vacant lot 50 feet or more in width is assumed occupied by a building with a minimum setback.

  side yard: >= 10 feet · rear yard depth: >= 25 feet

  “Side. Each side yard shall be a minimum of 10 feet. [...] Rear. Each rear yard shall be a minimum of 25 feet in depth.”

  One more reviewed finding on this topic

  • Specified — Traditional five-acre and permitted two-acre lots in Rural Areas District RA inside Middletown town limits.

    “Traditional five-acre lots and permitted two-acre lots. Setbacks from traditional five-acre lots and permitted two-acre lots shall be a set out below: [...] Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five-acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement. [...] Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be 50 feet.”

• Lot coverageSpecified

  Residential District R-1 inside Middletown town limits.

  maximum structure lot coverage: <= 20 percent

  “Structures shall not occupy more than 20% of the total area of the lot.”

• Building heightSpecified

  Residential District R-1 inside Middletown town limits.

  • Specified listed structures are exempt; parapet walls may be up to four feet above the building height.

  maximum building height: <= 35 feet (Buildings may be up to 2½ stories.)

  “Buildings may be erected up to 2 1/2 stories but shall not exceed 35 feet in height.”

  One more reviewed finding on this topic

  • Specified — Rural Areas District RA inside Middletown town limits.

    “No structure shall exceed 35 feet in height.”

Still unanswered

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

• Owner-builder exemption — Owner-builders inside Middletown town limits.
• Building code adopted — Building construction inside Middletown town limits.
• Certificate of occupancy — Occupancy of structures inside Middletown town limits.
• Minimum dwelling size — Single-family dwellings inside Middletown town limits.
• Camping on your land — Temporary camping on private land inside Middletown town limits.

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.

Off-grid gear

Going off-grid in Town of Middletown means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

These are affiliate links — we may earn a commission, at no cost to you. As an Amazon Associate, Bolthole Index earns from qualifying purchases.