Zoning, building permits and septic rules in Town of Chesapeake, West Virginia

Town of Chesapeake’s own rules

• Building code adoptedAdopted

  All structures erected or removed inside Chesapeake town limits (Code ch. 8, art. II, sec. 8-33)

  • The town adopts the state building code by reference; the code itself is promulgated by the state fire marshal under W. Va. Code 29-3-5b.
  • Sec. 8-34 defines the referenced national codes (BOCA, CABO and related ICC-type references) as part of the state building code.

  “there is hereby adopted and incorporated by reference as if set out at length herein for the purpose of safeguarding life and property and to ensure the quality of construction of all structures erected or removed throughout the town that certain code known as the state building code as promulgated by the fire marshal under west virginia code 29-3-5b.”

• SetbacksSpecified

  Placement of structures on lots inside Chesapeake town limits (Code ch. 8, sec. 8-7). No zoning districts were identified, so this one claim covers all town land.

  • Sec. 8-7(1): structures must be ten feet on any side from any other building, structure, dwelling, or mobile home, including those on adjacent lots.
  • Sec. 8-7(2): when the property line faces an alley the setback is three feet; if the adjoining lot is empty or has no structure closer to the fence line than five feet, the setback is five feet; in any case a structure may not be built closer than ten feet to any other structure.
  • Sec. 8-7(3): the section does not affect structures completed before it took effect; it applies to what is built after town council approval.
  • Sec. 8-7 is a building-code placement rule adopted by ordinance of 8-1-2005 (code 2001, sec. 1719.07).

  side and rear separation from other structures: >= 10 ft (none stated) · front setback from street or avenue property line: >= 10 ft (or not less than the average setback of adjacent dwellings) · setback from alley property line: 3 ft (none stated) · setback from fence line when adjoining lot is empty or has no closer structure: >= 5 ft (applies only where adjoining lot is empty or has no structure closer than five feet)

  “the structure or building shall be so placed that it is ten feet on any side from any other building, structure, dwelling, or mobile home.”

• Manufactured homesLimited

  Keeping, placing or parking mobile homes and manufactured homes on land inside Chesapeake town limits (Code ch. 18, sec. 18-1)

  • Sec. 18-1(a): keeping, maintaining, placing or parking a mobile home is unlawful except as specially permitted under the chapter and a permit issued.
  • Sec. 18-1(b): since 1998-12-07 moving any mobile home into town is unlawful; permits are written only under a grandfather clause.
  • Sec. 18-1(b): double-wide homes may move into town if set up as a permanent dwelling.
  • Sec. 18-1(c): grandfathered mobile home lots that are plumbed are recognized; the rest of sec. 18-1(c) and secs. 18-2 to 18-8 were not captured (definitions, permit requirement, sewage collection line, owner responsibility).

  “as of december 7, 1998, it shall be unlawful to move any mobile home into the town. no permits will be written except by a grandfather clause. double-wide homes will be permitted to move into the town, if set up in the manner of a house as a permanent dwelling.”

• Building in a floodplainRequired

  Development, new construction, substantial improvement, or relocation of structures in identified floodprone areas inside Chesapeake town limits (Code ch. 16, art. II)

  • Sec. 16-19(c)(1): it is unlawful to undertake development or new construction without the required approval; the captured text was cut off before the full applicability wording, so confirm the exact floodprone-area limit.
  • Sec. 16-19(b): the article supersedes conflicting ordinances in floodprone areas, but any more restrictive ordinance stays in force.
  • Sec. 16-27: approving a permit or subdivision or development plan in an identified floodprone area is not a guarantee of safety and creates no town liability.
  • Ordinance date referenced in sec. 16-27 is 7-6-1992 (code 2001, sec. 1727.09).

  “it shall be unlawful for any person, partnership, business, or corporation to undertake or cause to be undertaken, any development or the new construction, substantial improvement, the placement or relocation of any structure (including manufactured homes) within the floodplain area, unless a permit has been obtained from the permit officer.”

• Permit feesVariable (with conditions)

  Building permits for construction or alteration inside Chesapeake town limits (Code ch. 8, sec. 8-5)

  • The fee amount is not written in the code; sec. 8-5(b) says the town sets it.
  • Permit amendments that increase square footage require an additional fee (sec. 8-5(a)).

  “the town shall establish the fee to be paid for a building permit.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Chesapeake or Kanawha County directly.

• Owner-builder exemption — Owner-builder exemption for home construction inside Chesapeake town limits
• Inspections — Building inspections for new construction inside Chesapeake town limits
• Certificate of occupancy — Certificates of occupancy inside Chesapeake town limits
• Local zoning — Whether Chesapeake town adopts and administers its own zoning ordinance
• Zoning districts — Zoning districts inside Chesapeake town limits

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Off-grid gear

Going off-grid in Town of Chesapeake means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

These are affiliate links — we may earn a commission, at no cost to you. As an Amazon Associate, Bolthole Index earns from qualifying purchases.