C-1 Zoning
Definitions
Conservation District (C-1) an zoning district established to provide
recreational, conservation, and scenic areas, including all forest and mountain
lands in the Jefferson National Forest, for Montgomery County residents and
visitors. According to the 1999 Zoning Ordinance, the Conservation District
is intended to facilitate water and natural resource conservation, to assist
with United States Forest Service conservation programs, encourage the closure
of national forest boundaries into one contiguous conservation area, and to
retain the open space areas of the county that are deemed non amenable to
good development practices (including areas with excessive slopes, wetlands,
and floodplains).
Qualifying lands for inclusion in the C-1 district are those that
are currently zoned C-1 on the date of adoption (December 13, 1999) of the
ordinance and other lands within Montgomery County mapped as Conservation
in the Comprehensive Plan. A district must have a minimum of 20 acres of contiguous
land to be considered for the C-1 designation.
By Right & Special Use Permit Uses
There are uses that are designated as “by right,” which means you do
not have to apply for a special use permit. The uses do, however, have to comply
with all approved plans and permits, development standards, and performance standards
included in the 1999 Montgomery County Zoning Ordinance and with all other applicable
regulations. The “by right” uses include:
- Agriculture
- Agriculture, small scale
- Bed & Breakfast, homestay
- Cemetery
- Dwelling, single family
- Game preserve
- Home occupations
- Class A & B Manufactured Homes
- Natural Areas
- Roadside Stands, operated by a farm owner or farm operator
- Attached telecommunications towers
- Public Utility Lines, water, sewer and other.
- Pet, Farm
- Pet, Household
- Veterinary practices, animal hospitals.
Other uses require a special use permit granted by the Board of Supervisors on
recommendation from the Planning Commission. Special Use permits are subject to
the requirements of the Zoning Ordinance and all other applicable regulations.
Uses permissible by special use permit include:
- Campgrounds
- Bed & Breakfast Inns
- Unlighted Parks
- Unlighted Playgrounds
- Temporary Sawmills
- Structures over sixty-five (65) feet in height
- Free-standing telecommunications towers.
All other uses are prohibited unless the land is rezoned to an appropriate zoning
designation for the use. The Conservation district (C-1) is meant to help preserve
undeveloped open space in Montgomery County, facilitate the conservation of water
and other natural resources, and aid the conservation efforts of the USFS.
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Online Resources for Conservation Easements
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Conservation Easements
Under the new ordinance, a conservation easement is defined as an easement granting
a right or interest in real property that retains land or water areas predominately
in their natural, scenic, open, or wooded condition, preserving such areas as
suitable habitat for fish, plants, or wildlife, or maintaining existing land uses.
In a conservation easement, the land remains yours and allows you to define current
and future use. For example, say you have thirty acres of wooded land that has
been in your family for generations, and you would like to see the character of
the property preserved for future generations of your family. A conservation easement
allows you either prohibit or restrict development in later years. You design
the easement to fit your desires and the nature of the property. It does not limit
your use or your right to dispose of the land as long as use fits within the terms
of the easement. In addition, there are tax benefits from establishing a conservation
easement. Information on conservation easements is available from the Land Trust of Virginia.
Lot & Building Requirements
As with the Agriculture (A-1) district, the Conservation district incorporates
a sliding scale in order to maintain lower density. The sliding scale and
the number of allowable subdivisions are based on the amount of land in the
parent parcel as of December 13, 1999. Figure 1 illustrates the number of
subdivisions allowable under the Conservation district sliding scale. Unlike
the A-1 district, the Conservation district requires a minimum lot size of
2.5 acres.
All lots must be a minimum of 120 feet in width at the front setback line.
In addition, the lot must have a maximum length/width ratio of five to one
(5:1) on any lot that has less than 20 acres.
A setback is the minimum distance by which any structure or other defined
object must be separated from the property line. The minimum front setback
is forty (40) feet. If the property is located near an intensive agricultural
use, new dwellings not owned by the operator of the agricultural operation
must be set back from all existing livestock, dairy, or poultry structures
a minimum of three hundred (300) feet. Side setbacks for each principal structure
is fifteen (15) feet, and the rear setback for the principal structure is
forty (40) feet. Accessory buildings must be a minimum of ten feet to the
rear and side lot lines.
No structure can exceed forty (40) feet in height, unless a special use permit
is obtained. In addition, for structures which exceed the 40 foot limit, two
feet of setback must be added for each additional foot in height, up to a
maximum of one hundred (100) feet.
Finally, all lots must be accessed from a VDOT (Virginia Department of Transportation)
road or from a hard-surfaced road designed by a professional engineer to accommodate
the expected volumes, loads, and vehicle types. The hard-surfaced road must
be approved by the Zoning Administrator. The exception to this rule are subdivisions
where no more than three (3) lots are created from any parent parcel and are
served by any one private access easement.
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