Hanover County Guide to Property Rights, Land Use and Zoning
Hanover County Guide to Property Rights, Land Use and Zoning
This guide is designed to help residents understand what property owners can do with their land, how additional uses may be requested and how Hanover County’s public zoning process works.
Individual property rights and the use of private property are among the most important responsibilities local governments in Virginia are charged with helping oversee. How land is used can be deeply personal and often emotional for property owners.
The use of property often has impacts that go beyond the boundaries of the property. These impacts, some of which can be significant, need to be taken into consideration when a property owner would like to begin or expand a use on their property.
To help balance these interests — individual property rights and the interests of the community at large — courts and legislatures have decided that local governments are in the best position to decide what uses are permitted for properties. This process is what most people call “zoning.”
This guide is designed to help residents understand what property owners can do with their land, how additional uses may be requested and how Hanover County’s public zoning process works. Land-use decisions are guided by state law, long-term planning and County regulations.
Frequently Asked Questions
Every property in Hanover County has a zoning designation, and property owners have the right to use their land in certain ways based on that zoning designation. Zoning regulations provide for the uses that can happen and also include a number of technical regulations, including lot sizes, building setbacks and parking requirements.
Before developing a property, an owner must determine whether their proposed use is permitted by the property’s zoning district regulations. Some uses are permitted “by-right,” which means no approval from the Board of Supervisors is required. Hanover County has had zoning regulations since 1959. There are some properties where a use is “grandfathered.” That means the use was permitted when it began (either before the County had any zoning regulations or the zoning regulations once permitted the use but no longer do). A property’s zoning designation can change over time, and many properties that are currently zoned residential were once zoned for agricultural or commercial uses, and commercial and industrial properties were once zoned agricultural or residential.
If the proposed use is not permitted, the owner must apply to rezone the property to a district that allows that use. Property owners have the right to seek development of their land, and the County is required to accept and process a rezoning application that meets the technical submission requirements regardless of whether it meets the recommendations of the County’s comprehensive land use plan.
There are also instances where certain uses are allowed in a zoning district, but because of the nature of the use, additional safeguards need to be in place to ensure that community impacts are addressed. Those become the subject of an application for a conditional use permit or special exception, depending on the circumstances.
All zoning requests — to rezone to another district or for the issuance of a conditional use permit or special exception — are subject to public review and approval through the County’s established process, which we will review next.
The land use process involves long-term planning followed by individual decisions that incorporate those plans and other factors.
State law provides that every locality is to develop a comprehensive plan. Comprehensive plans show the locality’s long-term recommendations for the development of the community. It addresses future growth and infrastructure needs, housing and economic development, and the protection of agricultural and natural resources. State law requires all localities to adopt a comprehensive plan and review it every five years. We have branded our local Comprehensive Plan “Envision Hanover,” which was adopted on Sept. 27, 2023.
The General Use Land Plan, which is a key component of Hanover’s Comprehensive Plan, reflects the community’s vision for future growth and development. It identifies appropriate locations and types of development and serves as a guide for decisions related to rezoning requests, economic development initiatives, housing strategies and environmental conservation.
Zoning establishes the standards and regulations for how properties can be lawfully used and developed. Zoning regulations include the types of uses that are permitted on a property and also include regulations such as minimum lot sizes, maximum building heights and other requirements. Since 1959, all properties in Hanover County have been assigned a zoning district. Over time, the uses that are permitted in districts have changed and new zoning districts have been created. These reflect changing needs by the community, new uses that come into existence and decisions as to what regulations are needed for certain uses.
The process for seeking a change in a property’s zoning district, commonly called a “rezoning,” includes a detailed, multi-step review by Planning Department staff, the Planning Commission and the Board of Supervisors.
Rezoning is the process of changing a property’s zoning classification so it can be used or developed for purposes not allowed under its current zoning designation. Property owners may request their property be rezoned when their desired use is not permitted in their existing district. Rezoning applies to the land itself, not to a specific owner or builder.
There are also instances where a use is allowed in a zoning district, but the Board of Supervisors has determined that there needs to be a site-specific analysis to determine what additional regulations (called conditions) need to be in place to address off-site impacts of a proposed use. These uses can be permitted with a conditional use permit or a special exception.
The Hanover County Zoning Ordinance outlines the uses allowed in each zoning district as well as which uses require a conditional use permit or a special exception. Depending on the proposed use, there is a review and approval process:
Permitted by-right — No approval from the Board of Supervisors is required. However, there may need to be permits to ensure that the proposed use and planned structures comply with zoning regulations and other general regulations (such as Building Code requirements).
Allowed in a different zoning district — Reviewed by the Planning Commission and the Board of Supervisors, with public hearings before both bodies. Board of Supervisors makes the final decision on a request.
Allowed with a Conditional Use Permit (CUP) — Reviewed by the Planning Commission and the Board of Supervisors, with public hearings before both bodies. Board of Supervisors makes the final decision on a request.
Allowed with a Special Exception (SE) — Reviewed by the Board of Supervisors, with a public hearing. Board of Supervisors makes the final decision on a request.
Examples include:
- Churches or places of worship (new or expansion): CUP
- Public or private schools: CUP
- Child or adult day care centers: SE
- Government buildings: CUP
- Nursing homes or homes for the aged: SE
- Event venues: CUP
Note: This is a partial list. The full list is available in the Zoning Ordinance.
Rezoning, CUP or SE applications must be approved by the Board of Supervisors after a multi-layered review process:
- Pre-application meeting
- Applicants usually meet with Planning Department staff to discuss their proposal, receive early input and to ask, and answer, questions about the proposed development.
- Application submittal and acceptance
- The Zoning Ordinance requires that all relevant information must be submitted with the application, and the applicant is required to pay all necessary fees.
- Staff review
- County staff and state review agencies review the application, including to see whether the request is consistent with the County’s Comprehensive Plan and County and state ordinances, and to analyze potential impacts on the area and County services.
- Community meeting
- If requested by the Planning Staff, Planning Commission or Board of Supervisors, the applicant must organize a community meeting. These meetings are held by the applicant, not the County, and allow an opportunity for the public to learn more about the proposal and direct questions to the property owner or developer.
- Planning Commission review
- Planning staff prepares a report and gives a presentation on the application. The applicant is given an opportunity to explain the proposal and to answer questions from the Planning Commission. The Planning Commission then holds a public hearing and receives citizen input. After the public hearing, the Planning Commission makes a recommendation to the Board of Supervisors, which could be that the Board approve it (either as submitted or with some changes) or that the Board deny the application. If the request is complex or the Planning Commission determines that it needs more information before it makes its recommendation, it can also defer the case to a future meeting.
- For requests for a special exception, the Planning Commission does not make a recommendation. Those requests go directly to the Board of Supervisors.
- Board of Supervisors: Review and public hearing
- Planning staff prepares a report (which includes a summary of the Planning Commission’s recommendation) and gives a presentation on the application. The applicant is given an opportunity to explain the proposal and to answer questions from the Board. The Board then holds a public hearing and receives public comment. After the public hearing, the Board makes its decision on the application, which could be to approve the request or deny it. Any conditions that are adopted by the Board become part of the regulations for the property and are binding on the current and future owners of the property involved. If the request is complex or the Board decides that it needs more information before it makes its decision, it can also defer the case to a future meeting.
State law requires that the land use process — consideration of the Comprehensive Plan or amendments to that Plan and decisions on rezoning, CUP and SE applications — is a public and transparent process. Citizen input is very important to the Board as it makes decisions and it’s essential for ensuring that all interested parties are able to present their views and inform the Board of a proposal’s positives and negatives. Residents are encouraged to attend public meetings and public hearings related to zoning cases and updates to the five-year Comprehensive Plan so their ideas and vision can be considered. Residents are also free to contact their representatives on the Planning Commission and the Board through email, phone or written correspondence to convey their views. Public feedback regularly helps to improve projects and to ensure that the full scope and impact of a project is taken into consideration.
Residents can learn more about a project by contacting the Planning Department to speak with a staff member or visiting eTRAKiT, the County’s Community Development Citizen Portal.
Zoning signs are placed on the property notifying the public of a rezoning request. The signs contain information about how the public can learn more about a proposal.
The Department of Planning webpage contains copies of applications that are submitted, including any supporting documents, photos and plans.
If a large or high-profile project generates a high volume of calls, emails or community interest, the County often creates a dedicated website to make information about the request more easily accessible to the public.
Prior to the public hearings before the Planning Commission and the Board, public notice is also posted on the County’s website and in the newspaper.
Any property owner can apply to rezone their property. In some cases, a development company, attorney, engineer or contract purchaser may submit an application on the owner’s behalf with the owner’s permission.
While only the property owner (or their authorized representative) can submit an application, anyone can provide feedback on the proposal. The Planning Commission and the Board of Supervisors welcome and value citizen input throughout the entire review process.
State law requires that the Board consider a number of factors when making land use decision, including, but not limited to:
- Consistency with the County’s Comprehensive Plan (long-range community vision)
- Compatibility with existing development
- Impacts on traffic flow and roads
- Impacts on public facilities, such as schools and emergency services
Virginia law requires that zoning decisions be based on adopted plans, ordinances and other factors outlined in State Code; they are not simply based on a popularity vote. However, the Board does not ignore public comment and the sentiment of the community, especially those most affected by a proposal, and it can be a significant factor in an individual Board member’s decision, and the decision by the Board as whole, on an application. Public input is considered carefully and often leads to changes or conditions, but the Board must apply the law even when a proposal is controversial.
No. All property owners have the right to submit a rezoning application for consideration as long as it meets the technical submission requirements. Even if it might appear to be inconsistent with the Comprehensive Plan, recorded restrictive covenants or comments that were made by a realtor or property owner in the past, an application must be processed and acted on. Each application is evaluated by Planning staff, the Planning Commission and the Board of Supervisors based on adopted policies, regulations and public input. Approval is not guaranteed. It is Hanover County’s position that the public input process is valuable and helps the Board understand a broad array of perspectives and facts before making a case decision.
Yes. Planning staff regularly meet with property owners, residents and potential applicants to explain the zoning and development process and to answer general questions. These informal discussions are intended to provide information and guidance only. In many cases, these conversations do not result in an application.
In addition, the County regularly receives questions, calls, emails and meeting requests related to a wide range of potential projects. Public notification requirements are triggered after a complete application has been submitted, at which point the County follows established procedures to notify adjacent property owners and the wider community.
In most cases, no. Rezoning requests are initiated by property owners. When Hanover County or the Hanover County Public Schools is the property owner, rezoning and other land use requests must still go through the public review process. Public comment is considered and regularly affects proposals, even County projects.
No. Members of the Board of Supervisors, Planning Commission and County staff are subject to the State and Local Government Conflicts of Interests Act. This law prohibits public officials and employees from using their positions for personal gain, requires disclosure of financial interests and restricts participation if there’s a conflict of interest. It is illegal for County staff, Planning Commissioners or Board members to get any benefit from acting on an application.
This is a matter the County takes extremely seriously. If a citizen has factual information to demonstrate that a Board member, Commissioner or staff member has “made money” or otherwise received some gift or benefit from acting on a land use proposal, we encourage them to share it with the Hanover County Internal Audit or the Hanover County Sheriff’s Office for further investigation.
- Routine rezoning or CUP cases: typically, four months
- Complex rezoning or CUP cases: typically, six months
- SE cases: Six to eight weeks
This is an inaccurate assumption. In fact, it’s the exact opposite. The Hanover Board of Supervisors believes all cases can be improved based on public feedback, and the majority of cases that are ultimately approved have been made better based on citizen and neighbor feedback.
Based on 2023-2024 data, withdrawals accounted for 22% of conditional use permit (CUP) requests, while 7% were denied. For rezoning requests, 18% were withdrawn and 7% were denied.
In 2025, the County received 67 zoning pre-applications. During that year, there were 53 CUP and rezoning applications, some of which are still being processed. The County typically receives more pre-applications than formal applications.
The rezoning process is intended to determine whether a proposed use and general site layout are appropriate for a property. Detailed engineering and technical studies take place during the site plan process, which follows approval of a rezoning or CUP. Any site plan must be in substantial conformity with the approved rezoning plan and proffers.
No. Approval of a rezoning or CUP allows the applicant to begin the site plan process. During this phase, detailed development plans are reviewed for compliance with County regulations before any construction permits for utilities, roads or buildings are issued.
The site plan must be approved prior to land disturbance or construction. This process includes in-depth engineering and studies such as wetland inventory, environmental impacts, utility infrastructure and roadway design.
No. Each land use application is reviewed and evaluated on its own merits. Decisions are based on specific facts of each case, the Comprehensive Plan, applicable regulations and public input. Approval of one request does not set a precedent for future applications.
No. Planning staff evaluates each application based on the Comprehensive Plan and any related studies submitted with the application. Staff identifies outstanding issues but does not make a recommendation for approval or denial. This ensures that elected officials make the policy decision rather than unelected staff.
The only exception is in situations where a proposed project is located in in an Economic Development Zone as outlined in the Comprehensive Plan. In those instances, the County’s Economic Development Authority or Economic Development office may provide a position on the project.
While growth may feel rapid to some residents, Hanover County’s population growth since 2010 has averaged approximately 1% or less annually. This percentage is lower than the County’s historical growth: during the 1980s, the County’s population grew by an average of 2.5% per year; in the 1990s, the average population growth was 3.6% per year, and in the 2000s, population growth averaged 1.5% per year. This steady growth reflects long-term development trends rather than a sudden increase, and growth continues to be guided by the County’s Comprehensive Plan and zoning policies.
Any business has the legal right to request to open and operate in Hanover County, as long as it meets all zoning, permitting and licensing requirements. The County’s role is to ensure each proposal complies with established laws, ordinances and review processes.
To operate a business in Hanover, you must:
Register with the Commissioner of the Revenue.
File and pay personal property taxes on equipment used in the business.
Confirm with the Planning Department that you have the correct zoning for the proposed business. Changes to the site may require a site plan.
Obtain a Contractor’s Business License if you are in certain professions, such as contracting, electrical work, plumbing, steam fitting or painting.
The following resources can help guide you through the process of starting a business:
Hanover County Board of Supervisors
Hanover County Planning Commission
Hanover County Planning Department
Hanover County Economic Development
Your questions, answered.
Yes, an HOA can have more stringent regulations, but those regulations can only be enforced by the HOA. Hanover County will not enforce HOA restrictions.