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

Town of Dayton’s own rules

• Local zoningPresent

  Land inside Dayton town limits

  zoning districts: 10 classifications

  “the town is hereby divided into districts of ten different classifications”

• Zoning districtsPublished

  Zoning districts inside Dayton town: R-1, R-2, R-3, B-1, B-2, A-1, A-2, M-1, HB-1 and Flood Plain Districts

  “the town is hereby divided into districts of ten different classifications”

• Minimum lot sizeSpecified

  R-1 Residential District inside Dayton town

  • One dwelling unit per lot
  • 15,000 sq ft if only one of water/sewer is available
  • 20,000 sq ft if neither is available

  minimum lot area, public water and sewer: >= 10000 sq ft

  “The minimum lot area shall be 10,000 square feet if public water and sewer is available.”

  One more reviewed finding on this topic

  • Specified — A-1 Agricultural District inside Dayton town

    “Minimum lot area shall be 20,000 square feet.”

• SetbacksSpecified

  A-1 Agricultural District inside Dayton town (side yard, single-story dwelling)

  • Sum of two side yards at least 25 ft
  • Dwelling of more than one story needs side yards of at least 15 ft each
  • Accessory buildings: side yard at least ten feet, with a five-foot exception for single-story buildings more than ten feet behind the main building

  side yard: >= 10 ft (single-story dwelling)

  “for a single-story dwelling the side yard shall be not less than ten feet in width; however, the sum of the two side yards shall be not less than 25 feet.”

  One more reviewed finding on this topic

  • Specified — R-1 Residential District inside Dayton town (front yard)

    “the minimum depth of the front yard shall be 30 feet from the street right-of-way”

• Who permits septicMixed (with conditions)

  Private sewage disposal inside Dayton town

  • Town superintendent issues permit
  • System design must comply with state department of public health recommendations

  “the type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the state department of public health.”

• Septic permitRequired

  Private sewage disposal systems inside Dayton town

  • Permit signed by the town superintendent; fee per town fee schedule
  • No permit for subsurface soil absorption where lot is under 15,000 sq ft
  • Private systems generally unlawful where public sewer available (Sec. 26-268, 26-291)

  minimum lot area for subsurface absorption: >= 15000 sq ft

  “no permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet.”

• Off-grid sanitationLimited

  Private sewage facilities inside Dayton town

  • Unlawful except as provided in the division; permit required; subsurface absorption barred on lots under 15,000 sq ft; must be abandoned when public sewer becomes available

  “except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.”

• Mandatory utility hookupWater and sewer (with conditions)

  Properties and facilities inside Dayton town

  • Sewer: connection required within 90 days after official notice, where public sewer abuts a street, alley or right-of-way and is within 100 feet of the property line
  • Water: connection required if the town system is within 100 feet of the lot
  • Water exemption possible by written town manager certification that the town cannot supply the water needed

  distance to public sewer: <= 100 ft · distance to public water: <= 100 ft (town manager exemption)

  “all facilities using water shall connect to the town's water distribution system if and when the town's system is within 100 feet of the lot on which the facility sits.”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Dayton town

  • Details are in Chapter 20, not opened

  “the uniform statewide building code and the subdivision regulations in chapter 20”

• Building in a floodplainRequired

  Development in Flood Plain Districts inside Dayton town

  • Compliance with uniform statewide building code and subdivision regulations required
  • No rise in 100-year flood elevation over one foot; none in floodway
  • Manufactured homes elevated one foot above base flood elevation; RVs must stay under 180 days, be highway-ready or meet manufactured home rules

  “no new construction or development shall be permitted within the flood plain district unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.”

• Short-term rentalsLimited

  Short-term rentals inside Dayton town

  • Annual business license per dwelling unit
  • Zoning permit to operate
  • Non-owner-occupied rentals need a local property representative responding within one hour
  • Owner-occupancy may be required by district

  “the representative shall be available to respond within one hour to complaints regarding the condition, operation, or conduct of occupants of the short-term rental.”

Still unanswered

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

• Building permit — Building permits inside Dayton town
• Owner-builder exemption — Owner-builder exemption inside Dayton town
• Building code adopted — Building code inside Dayton town
• Inspections — Building inspections inside Dayton town
• Certificate of occupancy — Certificates of occupancy inside Dayton 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.