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Secondary Food Preparation Areas

To apply for zoning approval for a Secondary Food Preparation Area, the following must be submitted to the Zoning Permitting Counter:
Please Note: Full Kitchens are not permitted
Secondary Food Preparation Areas may be permitted by the zoning administrator when the following conditions are met:
  1. The secondary food preparation area shall not create a separate or private living area. This means that the secondary food preparation area shall not cause the creation of an additional independent living facility for one (1) family as defined in Part 100 of the Zoning Ordinance, including temporary provisions for living, sleeping, eating, cooking, and sanitation.
  2. Access to the secondary food preparation area shall not be restricted in such a way as to prevent use by any resident of the dwelling.
  3. The secondary food preparation area shall not be served by a separate electric meter or a separate water meter.
  4. The dwelling unit shall not have more than one assigned address and one designated mailbox.
  5. The property owner/applicant shall be responsible for obtaining all other required permits and approvals from other County agencies.
  6. The property owner/applicant shall grant permission to County staff to enter and inspect the property upon request.
In order to construct a Secondary Food Preparation Area, you will need to obtain a Building Permit. Prior to applying for a building permit, you will need review by the Zoning Administration to ensure the proposed Secondary Food Preparation Area complies with the conditions identified above. The Building Development Division will not issue a permit without review by the Zoning Administration.
 

Definitions

Secondary Food Preparation Area: Areas such as wet bars or warming kitchens that are secondary to a main kitchen area located within a single-family detached dwelling for the convenience and use by all residents of a dwelling and shall not create separate or private living areas.

Wet Bar: A small bar or counter area that contains limited cabinet space, may include a sink no larger than 484 square inches, and an under-the-counter or regular refrigerator, a wine-cooler, and dishwasher.
Warming Kitchen: An area with limited cabinet space, counter tops, a warming oven/warming drawer, and may include a refrigerator.
Family: A group of people living together as single housekeeping unit and being one of the following:

  • One person;

  • Two or more persons related by blood, adoption, or marriage, together with any number of offspring, foster, step or adopted children;

  • A group of unrelated persons living and cooking together as a single housekeeping unit though not related by blood, marriage, adoption or guardianship, provided that limitation on the number of unrelated persons shall not apply to residents in a housekeeping unit by persons having handicaps within the meaning of Section 3602, the Fair Housing Act (42 USC 3601 et. seq., as amended.);

  • Those groups identified in the Code of Virginia, §15.2-2291 or like groups licensed by the Virginia Department of Social Services which otherwise meet the criteria of the Code of Virginia §15.2-2291.

Limitation of Occupancy of a Dwelling Unit

1. A dwelling unit may be occupied by not more than one (1) of the following:
     (a) One person or two or more persons related by blood or marriage with any number of offspring, foster children, stepchildren or adopted children subject to the       maximum occupancy limitations in subsection (2) and not to exceed two roomers or boarders as permitted by section 32-300.02.18, "Accessory Uses -   Boarders/Lodgers".
     (b) Two single parents or guardians with their dependent children, including offspring, foster children, stepchildren, or adopted children, living and cooking together as a   single housekeeping unit.
     (c) A group of not more than three persons not necessarily related by blood or marriage living and cooking together as a single housekeeping unit; provided that the     limitation on the number of unrelated persons shall not apply to residents in a housekeeping unit by persons having handicaps within the meaning of Section 3602 of the   Fair Housing Act (43 USC 3601, et seq., as amended).
     (d) Those groups identified in the Fair Housing Act, Code of Virginia, § 15.2-2291, or like groups licensed by the Virginia Department of Social Services which   otherwise meet the criteria of Code of Virginia, § 15.2-2291.
2. The maximum occupancy of a single-family dwelling unit is as follows:
     (a) For a dwelling with a total finished area up to 1,000 square feet, no more than three adult occupants.
     (b) For a dwelling with a total finished area from 1,001 square feet to 1,500 square feet, no more than four adult occupants.
     (c) For a dwelling with a total finished area from 1,501 square feet to 2,000 square feet, no more than five adult occupants.
     (d) For a dwelling with a total finished area from 2,001 square feet to 2,500 square feet, no more than six adult occupants.
     (e) For a dwelling with a total finished area from 2,501 square feet to 3,000 square feet, no more than seven adult occupants.
     (f) For a dwelling with a total finished area from 3,001 square feet to 3,500 square feet, no more than eight adult occupants.
     (g) For a dwelling with a total finished area from 3,501 square feet to 4,000 square feet, no more than nine adult occupants.
     (h) For a dwelling unit over 4,000 square feet of total finished area, no more than ten adult occupants.
3. The total finished area (plus finished basement area) listed in the county residential property record card shall be prima facie evidence, subject to rebuttal, of the actual total finished living area for purposes of this section.
4. For dwelling units on private septic systems, the standards of the Virginia Department of Health relative to occupancy load supersede the dwelling unit standards of this section.
 
For questions regarding Secondary Food Preparation Areas or other zoning approval requirements please send an email to [email protected] or call (703) 792-6830 (TTY: 711)