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

Town of Middleburg’s own rules

• Building code adoptedAdopted

  Construction inside Middleburg town; Uniform Statewide Building Code adopted by the town, enforced by Loudoun County

  • Town keeps right to issue location permits under the zoning ordinance

  “the town of middleburg adopts the uniform statewide building code and pursuant to § 36105 of the code of virginia, designates the county of loudoun as the agency for enforcement and appeals, with the town maintaining the right to issue location permits in accordance with the zoning ordinance.”

• Local zoningPresent

  Land inside Middleburg town limits (Loudoun County, VA)

  • Town administers its own zoning ordinance with R-1, R-2, R-3, agricultural conservancy and commercial districts

  “zoning ordinance town of middleburg, virginia article x. residential zoning districts part i. r-1 single-family residential district”

• Zoning districtsPublished

  Residential zoning districts R-1, R-2, R-3 inside Middleburg town; agricultural conservancy and commercial articles are separate

  “zoning ordinance town of middleburg, virginia article x. residential zoning districts part i. r-1 single-family residential district”

• Minimum lot sizeSpecified

  R-1 single-family residential district inside Middleburg town

  • Cluster lot option allows 8,000 sq ft with open space

  minimum lot size: >= 10000 square feet (cluster lots 8,000)

  “a. minimum lot size: 10,000 square feet b. minimum lot width: 70 feet at the required minimum front yard line and 50 feet at the front property line.”

  One more reviewed finding on this topic

  • Specified — R-2 single-family residential district inside Middleburg town

    “a. minimum lot size: 8,000 square feet b. minimum lot width: 50 feet at the required minimum front yard line and 40 feet at the front property line”

• SetbacksSpecified

  R-1 district inside Middleburg town

  • Front yard 25 ft min, 50 ft max, with exceptions for developed areas

  side yard: >= 10 feet (25 ft adjacent to a street) · rear yard: >= 30 feet

  “1. front: 25 feet minimum and 50 feet maximum, except in developed areas where the front yard shall not be less than the smaller of the front yards of the two immediately adjacent buildings. there shall be no maximum front yard for flag lots. 2. side: 10 feet minimum; 25 feet minimum when adjacent to a street 3. rear: 30 feet minimum”

  One more reviewed finding on this topic

  • Specified — R-2 district inside Middleburg town

    “1. front: 20 feet minimum and 30 feet maximum, except in developed areas where the front yard shall not be less than the smaller of the front yards of the two immediately adjacent buildings or 30 feet maximum. 2. side: 10 feet minimum; 20 feet minimum when adjacent to a street (amended 9/26/24) 3. rear: 30 feet minimum”

• Lot coverageSpecified

  R-2 district inside Middleburg town

  • Impervious coverage 45 percent max, not to exceed 5,625 sq ft
  • Floor area ratio 0.30 max, gross floor area not to exceed 3,750 sq ft

  building lot coverage: <= 25 percent (not to exceed 3,125 square feet)

  “d. building lot coverage: 25 percent maximum, but in no case to exceed 3,125 square feet (amended 5/9/13; 7/28/22; 9/26/24) e. impervious lot coverage: 45 percent maximum, but in no case to exceed 5,625 square feet (added 7/28/22) f. floor to area ratio: 0.30 maximum, but in no case shall the gross floor area exceed 3,750 square feet (added 9/26/24)”

  One more reviewed finding on this topic

  • Specified — R-1 district inside Middleburg town

    “d. building lot coverage: 35 percent maximum”

• Building heightSpecified

  R-1 district inside Middleburg town

  principal building height: <= 35 feet · accessory structure height: <= 15 feet

  “section 114: maximum building height a. principal building: 35 feet b. accessory structures: 15 feet”

  One more reviewed finding on this topic

  • Specified — R-2 district inside Middleburg town

    “section 121: maximum building height a. principal building: 25 feet (amended 5/9/13; 5/27/21; 9/26/24) b. accessory structures: 15 feet”

• Who permits septicMixed (with conditions)

  Private septic systems inside Middleburg town where public sewer is unavailable

  • Allowed only when no public sanitary sewer adjoins the premises or a lateral would exceed 200 feet
  • Installed to Loudoun County and state health department requirements

  maximum private sewer lateral to public sewer: <= 200 feet

  “b. a private septic tank, installed in accordance with the requirements of the county of loudoun and the state health department when: (1) no public sanitary sewer is provided in any street, public right-of-way or easement adjoining or traversing the premises. (2) compliance with subsection a of this section would require a private sewer lateral greater than two hundred (200) feet in length from the property line.”

• Off-grid sanitationLimited

  Private septic as alternative to town sewer inside Middleburg town

  • Only where no public sewer adjoins or lateral would exceed 200 feet

  “b. a private septic tank, installed in accordance with the requirements of the county of loudoun and the state health department when: (1) no public sanitary sewer is provided in any street, public right-of-way or easement adjoining or traversing the premises. (2) compliance with subsection a of this section would require a private sewer lateral greater than two hundred (200) feet in length from the property line.”

• Mandatory utility hookupSewer (with conditions)

  Lots abutting a street with a town sanitary sewer inside Middleburg town, once a building is constructed

  • Applies when connection does not require a sewer lateral over 200 feet
  • Water connection rule not confirmed here

  maximum sewer lateral length: <= 200 feet

  “shall install, within such building, suitable sanitary water closets and make the necessary sewer connection to such sanitary sewer, provided that such connection will not require a sewer lateral over two hundred (200) feet in length from the property line.”

• Subdividing landRegulated (with conditions)

  Subdivision of land in Middleburg town and, for subdivision, its one-mile extraterritorial area in Loudoun County

  • Fees set by town council

  “in addition, the provisions of this ordinance relating to the subdivision of land shall be applicable in loudoun county, within the one-mile extraterritorial jurisdiction area granted to the town”

• Short-term rentalsLimited

  R-1, R-2 and R-3 districts inside Middleburg town

  • Short-term rental is a special exception use requiring a special use permit under Article V
  • Added/amended 12/8/22

  “the following uses are permitted in this district subject to securing a special use permit as provided in article v: a. adult assisted living b. adult care center c. child care center d. cluster lot subdivision e. libraries and museums (amended 11/13/14) f. short-term rental (amended 12/8/22)”

• Permit processPublished (with conditions)

  Zoning permits inside Middleburg town

  • Administrator issues the permit unless application is incomplete or non-compliant
  • Permit expires within one year if work has not commenced
  • Special use permits need planning commission hearing and council approval

  “a zoning permit shall expire automatically within one year of the date of issuance if the use authorized or work required has not commenced.”

Still unanswered

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

• Building permit — Building permits inside Middleburg town
• Owner-builder exemption — Owner-builder exemption inside Middleburg town
• Inspections — Building inspections inside Middleburg town
• Certificate of occupancy — Certificates of occupancy inside Middleburg town
• Minimum dwelling size — Minimum dwelling size inside Middleburg 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.