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Fairfax County’s current zoning rules have expanded the locations where community gardens, farmers markets and home gardens are allowed:

• Farmers Markets Allowed in More Places Year-Round
  The new zoning law broadens when and where farmers markets may operate and what they can sell. They can be open all year and can now be located anywhere, as long as there is adequate parking and access to the site; for example, a farmers market can locate in an apartment building parking lot, an industrial or office complex or a community pool.

• Edible Gardens Allowed in Front Yards
  For homeowners, the zoning law ends the prohibition of edible gardens in front yards for lots less than 36,000 square feet. These fruit, vegetable, herb or flower gardens must be set back 15 feet from the front lot line, and they are limited to 100 square feet. Compost areas are not permitted in front yards.

• Beautification
  Community gardening turns urban eyesores into vibrant green space, which can improve the quality of life for everyone in the neighborhood – not just the people that actually tend the garden.
   
• Fresh Produce
  Community gardens can provide fresh, nutritious produce for many families that couldn’t otherwise afford it, improving their diet and overall health. Some gardeners donate what they have grown to local food pantries, shelters and hospitals.
   
• A Cleaner Environment
  Plants in community gardens add oxygen to the air and help reduce air pollution. They also absorb rainwater, reducing the amount of runoff that runs through neighboring land and streets. This decreases the amount of pollutants that enter rivers and lakes in the community.
   
• Stronger Families & Communities
  Tending of community gardens gives residents a chance to connect with their neighbors and feel more personally invested in the places they live, building a sense of ownership and
  belonging.
   
• Educational Opportunities
  Working in a community garden is educational for kids and adults for basic gardening skills and nutrition and provides an opportunity to learn about other cultural food differences within their community.

When to Use a Consultant or Contractor

While starting a business, going through a zoning or construction process, it may be advisable – or required by Code – that licensed designers/consultants and contractors be involved. This can include engineers, architects, landscape architects, land planners, attorneys, contractors and others. While the County cannot recommend specific individuals or firms, there are some resources which can help you make an informed choice.

Some plans and permits are required by Code to be prepared by a registered design professional (RDP) licensed in Virginia. For Zoning applications and permits, submission requirements and will identify those instances in which a licensed professional must prepare the submission. If you have questions about a specific application, permit or plan, please ask your staff contact. 

Selecting a Consultant or Contractor

The following should be kept in mind when hiring a professional:  

• Before you enter into a contract, be sure that you are choosing a professional with the skills that match your needed service. Just as healthcare professionals have specialties, so do land development professionals.
   
• The Virginia Department of Professional and Occupational Regulation (DPOR) is a state agency which licenses and regulates certain professional occupations including, but not limited to, architects, tradesmen, landscape architects, contractors, land surveyors, engineers, and real estate professionals. At the DPOR website you can search professionals by name to ensure that they are licensed by DPOR and see any disciplinary action taken against a professional since 2002.
   
• Check for complaints filed against companies/individuals in the County’s consumer complaints database.
   
• See the hiring a contractor page if you need to hire a contractor.
   
• The Fairfax Bar Association has a Lawyer Referral Service on their webpage which will identify attorneys by specialty.
   
• As you research other similar applications, take note of the names of professionals who prepare the application materials. For zoning applications, this can be found at the County Land Use Data Website (see the affidavits in the Staff Reports section).
   
• Ask for recommendations from the Fairfax County Economic Development Authority.
   
• Ask for recommendations from the consultants you already trust.
   
• Using a Fairfax County-based professional or one who has extensive experience in the County can result in a smoother process, particularly if they have familiarity with the property in question.

Property Information

• For residential projects, you may find this information on your house location plat which you received in closing documents.
   
• For commercial projects, you might find useful information in the County’s site-specific historic files. You can search by address for plan and permit information on the web at the County Land Use Data Website.
  • You may also obtain copies of approved plans from the County’s Records and Information Management on the fifth floor of the Herrity Building. See this information about Public Records.

Allowable Home-Based Businesses: Application Form and Process

Many businesses can be established with the administrative approval of a Home-based Business Permit. Additional flexibility for certain business types may be available through the special permit process. For information regarding allowable businesses, limitations, the application form and processing information:

Home-based Business Permits must be filed electronically and are granted by the Zoning Permits Section of the Dept. of Planning & Development.

Applicants must first register for a free PLUS account.

1. Once registered and logged into PLUS, select the Zoning tab from the top menu to create an application.
2. The home-based business permit application can be found under the Zoning Administration Division tab.

Questions about PLUS should be directed to PLUSSupport@FairfaxCounty.gov or 703-324-2222, TTY 711.

Limitations and Considerations

• Customers or clients are not allowed to come to the home with this administrative permit (except for teaching activities associated with a small health and exercise facility or specialized instruction center). To have customers or clients, submission of a special permit application for approval by the Board of Zoning Appeals is required.
   
• A home-based business does not include any other accessory use defined in the Zoning Ordinance, such as a home day care facility or short-term lodging. In addition, teleworking is not a home-based business.
   
• Home-based food production is limited to certain foods. All home-based businesses that involve the production of approved foods must submit a Home-Based Food Production Supplemental Form.
   
• A limited riding or boarding stable is not considered a home-based business. To apply for an administrative permit, please submit a Limited Riding and Boarding Administrative Permit application.

Note: through the Special Permit process, it may be possible to modify some of the limitations associated with the administrative approval of a home-based business.

Related Resources

Summary of the Adopted Home-Based Business Provisions

Home-Based Business Frequently Asked Questions
 

For Additional Assistance

Please contact the Zoning Permits Section by phone at 703-222-1082 or by email.

• Sometimes the uniqueness of a business concept may not fit clearly within an existing use definition, and you will be asked to submit a Use Determination Request to the Zoning Administrator.
   
• Based on the description of your use, the Zoning Administrator will determine what zoning designation matches your use and whether it can be permitted as a home-based business.

Before you sign a lease or purchase property, make sure you understand what will be required.

Some things to consider when finding a location for your business are zoning, building use classification and parking. It is possible to change the zoning of a piece of property, to modify the building to meet the requirements for your proposed use, and to permit shared parking between uses, but those steps require applications, permits, time and money.

If you are looking for commercial or industrial space, the Fairfax County Economic Development Authority (EDA) may be able to help.

Your business may have tax obligations to the federal government, the Commonwealth of Virginia and Fairfax County. Please consult a tax specialist to determine what your obligations are. Refer to Step 1: Plan and Research for business counselors who can help you understand these requirements and connect you to resources. 

Federal

Most businesses need an Employer Identification Number (EIN), also known as a Federal Tax Identification Number, which is used to identify a business entity. EINs are issued by the IRS.

Virginia

Sales tax is reported and paid to the Commonwealth of Virginia.

• Virginia cities and counties levy a 1 percent sales and use tax.
   
• Localities that make up both the Northern Virginia, which includes Fairfax County, and Hampton Roads regions levy an additional 0.7 percent sales and use tax for transportation. This tax is collected at the point of sale and at the same time as the state's 4.3 percent sales and use tax, for a total of 6.0 percent.

The Virginia Department of Taxation uses Federal Information Processing Standards (FIPS) codes to identify where a business is located and where their sales take place. FIPS codes are a standardized set of numeric codes to ensure uniform identification of geographic entities such as cities, counties, and towns. Use the Virginia Department of Taxation's FIPS Lookup tool to determine your correct code.

Fairfax County

Business, Professional and Occupational License (BPOL)
 

File for BPOL within 75 days of beginning operations in Fairfax County. Failure to register within 75 days will result in a 10% late filing penalty. Businesses registered with DTA in the previous year will receive a renewal application in the mail each January.

Obtaining your official BPOL license can take 4-6 weeks. For Fairfax County’s purposes, the receipt that you have filed is sufficient to meet the requirement. If you need a temporary BPOL certificate, contact the Department of Tax Administration at 703-222-8234, Option 4, or DTAPPDBusiness@fairfaxcounty.gov. 

Business owners must renew their BPOL License each year.

Business-Specific Licenses & Permits

Depending on your business type, there may be other Fairfax County permits, licenses or taxes required.

Get Your Professional Licenses

Many professions have licensing requirements, which are managed by Commonwealth of Virginia. Check these agencies to determine whether your profession has licensing or registration requirements: 

• Virginia Department of Health Professions (DHP)
• Virginia Department of Professional and Occupational Regulation (DPOR)

As part of the county's permitting process, you may be required to demonstrate that you have your required professional license. Depending on your business type, there may be other Fairfax County permits, licenses or taxes required.

Business type not listed? Contact BizEX to be sure you understand your requirements. 

This permit and process guidance is specific to Fairfax County.

Not sure if your location falls within Fairfax County? Check it on our Zoning District Map. If you are seeking guidance regarding a potential location in the cities of Alexandria, Fairfax and Falls Church, or the towns of Clifton, Herndon and Vienna, please contact those jurisdictions directly.  

If you're new to the process or haven't built in Fairfax County before — regardless of whether you're a home owner, business owner, contractor or other kind of builder, the Plan 2 Build Development Process Overview can show you what to expect and what is needed to reach a successful outcome.

 

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