Grassroots
What is a Zoning Ordinance?
A zoning ordinance is a tool counties may use to plan and control development in their jurisdiction. Zoning is intended to be a principle means by which a locality fulfills the goals that are defined in its Comprehensive Plan. Unlike the Comprehensive Plan, a zoning ordinance is not required by Virginia law, but again, unlike the Comprehensive Plan, once a zoning ordinance is adopted by a county, it is legally binding. It is the most common tool used by localities to define the use or combination of uses allowed in a particular geographical area. Bedford County adopted a zoning ordinance in 1998.
Zoning ordinances outline the rules for the development of property, such as minimum lot sizes, required setbacks or landscaping for buildings, and maximum height or size of a residence or business. If you have ever built a structure, made an addition to an existing one, started a business or attempted to subdivide your property for sale in Bedford County, no doubt you are aware of how the county’s 1998 Zoning Ordinance affects you.
Even if you have never had to consult the Bedford County Department of Planning to see if your construction or business endeavor is in compliance with county zoning laws, your property is still affected by the zoning ordinance. For example, your property lies within a specific zone, such as R-1 (Low Density Residential district) or AP (Agricultural/Rural Preserve district), on Bedford County’s Zoning Map. (Bedford County has 18 zoning districts and 10 special overlay districts. Stay tuned to the upcoming “Grassroots” articles to learn more about the rights and restrictions for different zoning districts.) All the restrictions and allowances of your zone apply to your property. Without such an ordinance a locality has no way to assure compatible uses and to segregate different, sometimes incompatible uses, such as industrial uses in residential areas, or to steer more intensive development into portions of the community where roads, sewers and other services are available to support it.
Of course, zoning affects everyone because zoning determines how many homes and related businesses can be built in a locality. Thus, it is ultimately what determines the amount of traffic on the roads, the level of demand on natural resources, and the number of schools, libraries, fire and rescue services, water lines, sewers and other community services required to meet the needs of the population.
It is important to keep in mind that property adjoining yours may or may not be in the same zone. Different restrictions and allowances may apply to your neighbor. For example, your property may be in an AP (Agricultural/Rural Preserve district), but your neighbor’s property might be zoned R-1 (Low Density Residential district). Zoning regulations or allowances in parts of the county even miles away from your property may affect you and your property. High density development in a neighboring zone may affect your ground water resources or the amount of traffic on your road. Even if you are not affected in these ways, providing services to distant areas zoned for high density may have an impact on your taxes.
To find out the zone in which your property and your area are located and the zoning laws that apply, review Bedford County’s Zoning Map at the Bedford County Department of Planning, 122 East Main Street, Suite G-03, in Bedford. You can also find a copy of the Zoning Map at your local library -- Bedford Citizens for Land Preservation (BCLP) has assembled notebooks for all county libraries that contain the Zoning Map (as well as a variety of resources). Please ask your librarian to direct you to this resource.
Once you have the map before you, identify the name of your zone – R-1, R-2, AP, and so on. Once you know your zone, you can consult the Bedford County Zoning Ordinance at your local library or at the Bedford County Department of Planning to see what specific regulations or allowances apply to your property. (For those with internet access, go online to http://www.co.bedford.va.us for this information.) You can also go to the above mentioned web site to download a copy of the County Tax Map (“GIS Map”) to identify adjoining properties and their respective zones.
Most likely, your neighbors have intentions for the use of their property that are similar to your own. However, subsequent owners may not and you may not be aware of the allowed uses in your zone. For example, 296,750 acres of Bedford County is zoned AP (Agricultural/Rural Preserve district.) If you live in an AP zone, agricultural activity is not the only use allowed. Other uses that are allowed by right (i.e. that do not require a special permit) include subdivision, commercial feedlots, park and ride facilities, and campgrounds.
Subdivision in an AP zone is regulated by the zoning ordinance. The zoning ordinance permits 1 dwelling unit on a minimum of 3 acres with a maximum of 5 such lots per tract. If there is land “left-over” in a tract after this division, it can be further divided into “agricultural subdivision lots” of not less than 20 acres each. If a tract is 115 acres, for example, it could be subdivided into a maximum of five 3-acre lots and five 20-acre lots.
According to County Administrator, William C. Rolfe, Bedford’s current zoning ordinance allows “between 106,000 to 525,000 more homes. Based on our current average occupancy rate of 2.5 people per household, Bedford County could hold 265,000 more people at the minimum or 1.3 million people at the maximum. That’s all without changing a single line on our zoning map.” The total population in Bedford County in the 2000 census was 60,371 people, so even the minimum build out Mr. Rolfe describes as allowable under the current zoning ordinance would quadruple the population.
The important point to keep in mind is that Bedford’s current zoning ordinance is such that if all districts were built out to the extent permitted by law, Bedford could be home to as many as 1.3 million people. Between now and that seemingly remote future, there will be growth and the density of that growth will be shaped by the 1998 zoning ordinance.
Bedford County has a rural character today because its AP districts are extensive and for a variety of reasons many owners of large tracts of land have not chosen to develop their property. However, if every tract of land now located in AP were to be subdivided to the extent permitted by the current zoning ordinance, Bedford County’s character will no longer be rural. At the present time, owners of large tracts of land have only one option to realize the financial value of their property – to subdivide. But there are alternatives to development for landowners who may not want to see lots of 3 acres sprawling across the landscape or face the escalating taxes required to provide community services to new residential communities. Stay tuned to this column to learn more about these alternatives.
Considering the highest density scenario for your district and weighing the risks and benefits for the future of your property based on your findings on the rules and rights that apply to your property may help you avoid disappointment, unnecessary surprises, or frustration. Many people have moved to Bedford County for its rural beauty and a “quiet life in the country” without realizing what Bedford County zoning means for them. They may not realize that what they see when they look out of their picture windows today may not be what they will see tomorrow.
