Home Occupation Permit
The Zoning Ordinance allows a broad range of businesses to be operated from the home where you live. These types of businesses are considered “Minor Home Occupations” as their activity has very little impact on the surrounding neighborhood. The home occupation requires administrative permit approval which takes 1-2 business days to process. The types of businesses allowed, and the Zoning standards that need to be met, are detailed in the application and in our Brochure. Please submit the following:
• Minor Home Occupation Application
• If not owner of home, a letter from landlord allowing the business at the home
• $25 fee
Family Day Home Permit
Caring for up to 4 children in your home needs no County Zoning approval. Running a Family Day Home from your home with 5 to 12 children requires administrative permit approval. The approval process includes a 30-day comment period for adjoining property owners. If a written objection is received, the Family Day Home request must go through the Special Permit process which includes a $350 fee. Please submit the following:
• Administrative Permit for Family Day Home Application
• Aerial of the property showing the parking and play area
• $150 fee
Mobile Eating Establishment
Mobile eating establishments (food trucks) that remain on a property for no more than 3 days at a time will require a zoning permit. If a mobile food establishment remains on a property for longer than 3 days at a time, an administrative permit will be required. The applicant is required to provide evidence of the following for all locations: ample parking; traffic flow is not impeded; bathroom facilities are available; and Health Department approval. Multiple locations can be approved on the same application. Approved mobile food establishment permits are granted for a maximum of one year. Please submit the following:
- Mobile Eating Establishment Permit Application
- Land Development Application
- Plat or aerial of property showing establishment’s location
- Restroom availability
- Health Department Approval
- $75 fee
If you have a farm winery on your property and would like to apply for extended hours and/or events, an administrative permit is required. The approval process includes a 30-day comment period for adjoining property owners. Please submit the following:
• Administrative Permit for Farm Wineries Application
• Aerial or Plat showing the parking area
• $150.00 fee
Non-Profit Fundraising Event
The Fauquier County Zoning Ordinance allows one fundraising event per year to be held by local non-profit and governmental entities on property zoned RA and RC. The permit will be approved if the standards set forth for such events in Section 6-102.28 & 29 of the Zoning Ordinance are met. Please submit the following:
• Administrative Permit for Non-Profit Fundraising Event Application
• Aerial or Plat showing the parking area and event location
• Copy of the Organization’s IRC§501.c
• No fee
If the public water system in Marshall does not have adequate capacity to provide water to the structure, you may apply for a temporary individual private well. The first step involved is the Well Agreement: (1) Sign and notarize Well Agreement; (2) submit the Well Agreement to County Administration for signature by the County Administrator on behalf of the Board of Supervisors; (3) Record the Well Agreement in the land records maintained by the Circuit Court Clerk. Once recorded, please submit the following to Community Development:
Is there a minimum square footage requirement for my residence or lot for a family day home?Fauquier County does not have a minimum square footage requirement for a residence. If your lot is less than 5,000 square feet you are required to obtain a special permit to operate a family day home of 5 to 12 children.
Are there additional requirements for a family day home?The application and fee are the standard documents for submission. Once received, our office prepares and mails adjoining property owner letters, which allow 30 days for any written comments. If comments of merit are received you will have to apply for a Special Permit to continue the process.
What is the maximum number of children allowed?The maximum number of children allowed in a family day home is twelve (12). This maximum is set by the State of Virginia.
Does the maximum number allowed include children living in the home?The number of children listed on a Family Day Home application does not include any children who reside in the household.
What is a special permit?A special permit allows for the use of a structure that is not normally allowed in a certain district. All special permits go through a public hearing process with the Board of Zoning Appeals. This process is in place to ensure the use of a property does not adversely impact the surrounding area.
What does "by-right" mean?"By-right” means it is allowed without any additional approval from Fauquier County. If you are running a family day home with 4 children or less than your use is permitted “by-right”. If you begin caring for an amount between 5 and 12 children, you will need to obtain a permit.