Nelson County, Virginia
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Zoning Ordinance
The County of Nelson, Virginia
Table of Chapters
Chapter
Constitution of Zoning Ordinance......................................
Number
1
General Regulations............................................................
2
Zoning Districts..................................................................
3
Zoning Amendments...........................................................
4
Proffers and Conditional Zoning.......................................
5
Special Use Permits............................................................
6
Nonconforming Uses..........................................................
7
Parking and Loading Requirements....................................
8
Landscaping and Screening Regulations............................
9
Sign Regulations................................................................
10
Outdoor Lighting and Illumination Regulations................
11
Site Plan Requirements & Land Development Criteria....
12
Board of Zoning Appeals………………………………..
13
Planning Commission (Chapter Deleted)………………..
14
Communication Towers Regulations.................................
15
Definitions..........................................................................
16
Appendix............................................................................
17
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Chapter 1
Constitution of Zoning Ordinance
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Chapter 1: Constitution of Zoning Ordinance
A.
Title
The regulations embraced in this and the following chapters constitute Appendix A of the
Code of the County of Nelson, which shall be designated “The Zoning Ordinance of the
County of Nelson, Virginia,” and may be so cited.
B.
Purpose and Intent
The Zoning Ordinance of the County of Nelson, Virginia, (hereinafter “ordinance”) is
intended to promote the health, safety and general welfare of the public and to implement
the adopted Comprehensive Plan for the orderly and controlled development of the
County.
To accomplish these ends, the ordinance is designed to achieve the following goals and
objectives:
1. To promote the health, safety, and general welfare of the citizens of the County
of Nelson and to create and maintain conditions under which the citizens and their
environment can exist in a productive and enjoyable harmony while fulfilling the
social, economic, and other requirements of present and future generations;
2. To facilitate the creation of a convenient, attractive and harmonious community;
to provide for adequate light, air, convenience of access and safety from fire,
flood and other dangers; and to reduce or prevent congestion in the public streets;
3. To provide for County growth that is consistent with the efficient and economic
use of public funds and environmental quality;
4. To recognize the needs of housing, industry and business in the County’s future
growth;
5. To promote the creation and expansion of land uses that will be developed with
adequate highway, utility, health, education and recreational facilities;
6. To provide residential areas with healthy surroundings for family life;
7. To protect against destruction or encroachment of incompatible uses and
buildings upon the County’s historic areas and tourism corridors;
8. To encourage economic development activities that provide desirable
employment and a broad tax base;
9. To promote the conservation of sensitive environmental areas and the
preservation of the County’s waterfront resources;
10. To encourage the preservation of stream valleys, steep slopes, lands of natural
beauty, scenic vistas, and other similar areas and to ensure that development in
such areas is well-controlled;
11. To protect against the following: overcrowding of land, undue intensity of noise,
air and water pollution, undue density of population in relation to community
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facilities existing or available, obstruction of light and air; danger and congestion
in travel and transportation, and loss of life, health, or property from fire, flood,
panic or other dangers;
12. To promote housing of such type, size and cost as will allow County residents of
various economic conditions to reside in safe, sanitary dwelling units;
13. To encourage innovative and desirable approaches to designed development; and
to promote the distinctive sense of urban and suburban places as well as the sense
of community within the County; and
14. To accomplish all other objectives and exercise all other powers set forth in
Article 7, Chapter 22, Title 15.2 of the Code of Virginia.
C.
Severability
Should any article, section or any provision of this ordinance be decided by the courts to
be unconstitutional or invalid, such decision shall not affect the validity of the ordinance
as a whole, or any part thereof, other than the part so held to be unconstitutional or
invalid.
D.
Conflicting Ordinances
Whenever any provision of this ordinance imposes a greater requirement or a higher
standard than is required in any State or Federal statute or any other County ordinance or
regulation, the provision of this ordinance shall govern.
Whenever any provision of any State or Federal statute or other County ordinance or
regulation imposes a greater requirement or a higher standard than is required by this
ordinance, the provision of such State or Federal statute or other County ordinance or
regulation shall govern.
The text of this ordinance shall be applied to any parcel covered by a previous grant of
zoning with proffered conditions except where the imposition of the requirements of this
ordinance would be in conflict with a specified proffered condition which would
supersede the requirements of this ordinance.
E.
Interpretation of Minimum Requirements
In interpreting and applying the provisions of this ordinance, they shall be considered the
minimum requirements for the promotion of the public safety, health, convenience,
comfort, prosperity, or general welfare.
It is not the intent of this ordinance to interfere with or abrogate or annul any easements,
covenants, or other agreements between parties, provided, however, that where this
ordinance imposes a greater restriction upon the use or dimensions of buildings and
premises, or requires larger open spaces than are imposed or required by other
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ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions
of this ordinance shall govern, except where expressly qualified by this ordinance.
F.
Effective Date
The “Zoning Ordinance of the County of Nelson, Virginia” as herein presented, was
adopted on ________________ ______, 2004 and became effective at ____________ on
_____________ ____ 2004, at which time the “Zoning Ordinance of the County of
Nelson”, adopted _________________ , as amended, was repealed. Upon its effective
date, this ordinance became Chapter ___ of the ____ Code of the County of Nelson,
Virginia. Unless otherwise qualified herein, the term effective date when used in this
ordinance shall be deemed to be_____________ ____ 2004 or the effective date of an
applicable amendment thereto. A certified copy of the Zoning Ordinance of the County of
Nelson, Virginia, as may be amended from time to time, shall be filed in the Office of the
Planning Director and the Office of the Circuit Court for the County of Nelson.
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Chapter 2
General Regulations
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Chapter 2: General Regulations
A.
Purpose and Intent: General Effect of Zoning Ordinance
No building or structure hereafter shall be erected and no existing building or structure
shall be moved, altered, added to or enlarged, nor shall any land or structure be used or
arranged for any purpose or manner other than those permitted within the assigned
zoning districts and specific provisions of this ordinance. Any building or structure shall
be located on an approved lot of record, and, in no case, shall there be more than one
principal building on one lot unless otherwise provided in this ordinance.
B.
Prior Approvals
Nothing in this ordinance shall be deemed to require any change to the plans, plats, lots
or buildings previously approved prior to the effective date of this ordinance.
C.
Administration and Enforcement
The provisions of this ordinance shall be administered and enforced by the Planning
Director, who shall be appointed by the Board of Supervisors and administered by the
County Administrator. The Planning Director and such staff members or committees as
may be assigned to or appointed by the Planning Director shall have all necessary
authority on behalf of the County to administer and enforce the provisions of this
ordinance, including the ordering in writing of the remedying of any condition found in
violation of this ordinance, the bringing of legal action to ensure compliance with this
ordinance, including, but not limited to, injunction, abatement or other appropriate action
or proceeding.
D.
Building Permits
1. A building permit is required in advance of the initiation of any building
construction activity including erecting, constructing, enlarging, structurally
altering, converting or relocating any building or structure and for any other
activity as required by the Virginia Uniform Statewide Building Code. All
applications for building permits shall be accompanied by building plans,
specifications and site plans as required by the Virginia Uniform Statewide
Building Code, plus additional information deemed necessary by the Planning
Director to enforce the provisions of this ordinance.
2. Issuance of any building permit is subject to the applicant obtaining an approved
zoning permit, site plan, subdivision plat, certificate of appropriateness,
floodplain activity permit or any other plan approval or permit as may apply. No
building permit shall be issued until the Planning Director has certified that the
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proposed construction and use of the premises conform with all applicable
provisions of this ordinance. The Planning Director shall be responsible for
determining whether those applications for permits are in accordance with the
requirements of this ordinance.
3. It shall be unlawful for any person to erect, construct, enlarge, extend, structurally
alter or use any building except in conformance with plans approved by the
Planning Director, or his designee, as required by this chapter.
E.
Certificates of Use and Occupancy
1. A building hereafter erected under the expressed conditions of a building permit,
with the exception of accessory buildings not intended for human occupancy,
shall not be occupied in whole or in part until a certificate of use and occupancy
has been issued by the Building Official. Said permit shall certify compliance
with current administration requirements as stated within the documents known as
the Virginia Uniform Statewide Building Code. In addition, the occupancy permit
shall also certify applicable compliance with current zoning regulations as attested
by the Planning Director.
2. An existing building hereafter enlarged, structurally altered, and/or changed in use
under the expressed conditions of a building permit, with the exception of
accessory buildings not intended for human occupancy, shall not be occupied in
whole or in part until an occupancy permit has been issued by the Building
Official and the Planning Director under applicable State and County regulations.
For the purpose of zoning interpretation, the conversion of single-family
residential dwelling to multifamily or other residential tenant (for lease) facility
shall constitute a change in use.
3. The Planning Director and the Building Official shall be responsible for
determining whether applications for certificates of use and occupancy as defined
in the Virginia Uniform Statewide Building Code are in accord with the
requirements of this ordinance.
4. No certificates of use and occupancy or temporary certificate of use and
occupancy shall be issued by the Building Official unless the Planning Director
has certified that all applicable provisions of this ordinance have been met.
5. The Planning Director shall not approve any temporary certificate of use and
occupancy where the applicable provisions of this ordinance are not met, except
in such instances where lack of compliance is of a temporary nature and involves
site related improvements, such as landscaping, vegetative screening and paving
which cannot reasonably be completed due to seasonal or weather conditions. In
such instances the Planning Director shall, before approving such temporary
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certificate of use and occupancy, be satisfied that the premises involved is
physically suitable for use and occupancy in terms of access, parking and other
site related improvements. Temporary certificates of use and occupancy shall
state the nature of the incomplete work and the time period within which the work
must be complete, which in no case shall exceed one hundred eighty (180)
calendar days. Before approving any such temporary certificate of use and
occupancy, the Planning Director may require a performance bond or other form
of surety approved by the County in an amount equal to one hundred twenty
percent (120%) of the amount necessary to meet the requirements of this
ordinance, as certified by an architect, engineer or landscape professional. Such
bond or surety shall be released within ten (10) days of satisfactory completion,
inspection and approval of the installation of all required improvements.
6. If the provisions of this ordinance are violated, the certificate of use and
occupancy shall become null and void, and a new certificate shall be required for
any further use of such building, structure or land.
F.
Zoning Districts
The incorporated territory of the County of Nelson shall be divided into classes of rural
and residential, commercial and business, economic development and special overlay
zoning districts as presented in this ordinance. The location and boundaries of the zoning
districts established by this ordinance are as indicated on the map entitled “Official
Zoning Map of the County of Nelson, Virginia,” as approved by the Board of Supervisors
as part of this ordinance, endorsed by the Clerk to the Nelson Board of Supervisors, and
filed in the office of the Planning Director and Clerk of the Nelson County Circuit Court.
G.
Interpretation of Zoning District Boundaries
In the event that uncertainties exist with respect to the intended boundaries of the various
zoning districts as shown on the Official Zoning Map, the following rules shall apply:
1. Where zoning district boundaries of the County of Nelson appear to follow
streets, alleys, railroads or highways, such boundaries shall be construed as the
centerlines of those streets, alleys, railroads or highways.
2. Where zoning district boundaries appear to follow lines of lots or parcels of
record, such lot or parcel lines shall be construed to be such boundary.
3. Where a zoning district divides a parcel of land, the location of such boundary
shall be determined by the use of the Zoning Map scale as measured to the nearest
foot unless such line can be more accurately determined by geometric or land
surveying computations.
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4. Where indicated district boundaries are approximately following corporate
boundaries, such corporate boundaries shall be construed to be the district
boundaries.
5. Where district boundaries are indicated as approximately following a river,
stream, or marsh, the centerline of the river, stream or other water body shall be
construed to be the district boundary.
6. The Flood Boundary and Floodway Maps, as amended, prepared by the Federal
Emergency Management Administration, shall be incorporated into the Official
Zoning Map to delineate the boundaries of the Floodplain Overlay District (FP-O
District). This map is filed in the office of the Planning Director.
7. The Corridor District Overlay Map and zoning district language describing the
boundaries of the Corridor Overlay District, C-O District, of this ordinance, as
adopted by the Board of Supervisors, shall be incorporated into the Official
Zoning Map to delineate the boundaries of the C-O districts. The Corridor
Overlay Map and other supporting information on historic structures and uses are
filed in the office of the Planning Director.
8. The Historic Preservation District Overlay Map and zoning district language
describing the boundaries of the Historic Preservation District, H-O District, of
this ordinance, as adopted by the Board of Supervisors, shall be incorporated into
the Official Zoning Map to delineate the boundaries of the H-O districts. The
Historic District Overlay Map and other supporting information on historic
structures and uses are filed in the office of the Planning Director.
9. All areas of the County which are under water are considered to be within a
zoning district and controlled by applicable district regulations. District
boundaries over water areas are located by noted or scaled dimensions, with
reference to physical features, County corporate limits or straight line projection
of the district boundaries.
H.
Interpretation of District Regulations
1. Permitted uses and special permit uses are listed for the various zoning districts
governed by this ordinance. Any use not specifically permitted in a specified
district or districts as a by right use or a special permit use shall be prohibited.
2. Where a reference is made to specific prohibitions, it is for the purpose of
clarification or guidance and no further inference may be drawn from it.
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3. No structure shall hereafter be built or moved, and no structure or land shall
hereafter be occupied, except for a use that is permitted as a by right use or a
special permit use as regulated by the provisions for such use and the applicable
district requirements of this ordinance.
4. No use of a structure or land that is designated as a special permit use in any
district shall be established or hereafter changed to another use designated as a
special use, unless a special use permit has been secured from the Board of
Supervisors.
5. No sign, fence, wall, accessory use or structure, or home occupation shall be
hereafter established, altered, or enlarged unless in accordance with the provisions
of this ordinance.
6. Within each zoning district there are additional regulations referenced that are
directly applicable to development permitted in the district.
7. If any property in the County is not shown on the Official Zoning Map as being
located within a zoning district, such property shall be classified as R-F, Rural
and Farming District, until the property zoning designation as been changed in
accordance with the provisions of this ordinance.
I.
District Size
1. Where no minimum district size is specified, the minimum lot areas and width
requirements for that zoning district shall define the minimum district size.
J.
Physical Land Units and Open Space (or) Density, Open Space
and Lot Coverage
1. The subdivision plat and/or site plan for a project shall graphically depict the
location and area for the “physical land units” as outlined in the table below.
Slopes less than 15%
Slopes from 15% but less than 25%
Slopes from 25% but less than 35%
Slopes 35% or more
Soils with high shrink/swell characteristics, as defined
Floodplains
Floodways:
Wetlands, existing water features and streams
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The application of requirement is not intended to preclude the physical
development or use of land contained within any given physical land unit. This
information is necessary to understand the existing physical features of the site.
2. Lands in common open space shall be so covenanted and perpetually maintained,
managed and owned by a non-profit organization or other legal entity established
under the laws of the State of Virginia.
3. Lands proposed for open space, recreational and active community open space, or
landscaped open space shall be of a shape, size and location suitable for the
intended open space uses.
4. Maximum lot coverage standards, where specified for certain zoning districts,
shall be construed to include that portion of a lot occupied by buildings or
structures which are roofed or otherwise not open to the sky and which are greater
than three feet in height.
5. No new structures (primary or accessory) exceeding the maximum floor area ratio
specified for the underlying zoning district shall be permitted to be erected on that
lot. The floor area ratio, FAR, shall be derived by dividing the gross floor area of
all buildings on the lot by the area of the lot.
K.
Condominiums
Notwithstanding the specific minimum lot size requirements and minimum yard
requirements specified for a given zoning district, a single family detached or attached
dwelling condominium development and other forms of real estate condominiums may
be permitted under the Condominium Laws of Virginia. Condominium developments
shall comply with the density and other provisions of the zoning district in which they are
located.
L.
Public Sanitary Sewerage Facilities
1. The County may develop a Sanitary Sewerage Facilities Master Plan to determine
the projected sewerage flow, collection mains and facilities, easements, and costs
to provide ultimate sewerage service to County drainage sheds at full
development of those sheds. Such facilities plan shall be designed to and in
accordance with the adopted Comprehensive Plan. The facilities cost shall be
updated annually by applying the appropriate Engineering News-Record cost
index factor. The facilities plan shall be adopted by Board of Supervisors.
2. Upon adoption of a Sanitary Sewerage Facilities Master Plan, a subdivider or
developer of land shall be required to pay a pro rata share of the cost of providing
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reasonable and necessary sanitary sewerage facilities which may be outside the
property limits of the land owned or controlled by the subdivider or developer, but
necessitated or required, at least in part, by the construction or improvement of
such land, in accordance with the intent and provisions of Section 15.2-2243 of
the Code of Virginia, the adopted Comprehensive Plan, the adopted Sanitary
Sewerage Facilities Master Plan, the subdivision ordinance, and this ordinance.
3. The policy and criteria for determination of pro rata share of total cost, financial
and implementation procedures and other related matters shall be the
responsibility of the County Administrator and adopted by the Board of
Supervisors as part of the Sanitary Sewerage Facilities Master Plan.
M.
Public Water Facilities
1. The County may develop a Public Water Facilities Master Plan to determine the
projected public water demand, distribution mains and facilities, easements, and
costs to provide ultimate public water services to County drainage sheds at full
development of those sheds. Such facilities plan shall be designed to and in
accordance with the adopted Comprehensive Plan. The facilities cost shall be
updated annually by applying the appropriate Engineering News-Record cost
index factor. The facilities plan shall be adopted by Board of Supervisors.
2. Upon adoption of any public water facilities plan, a subdivider or developer of
land shall be required to pay a pro rata share of the cost of providing reasonable
and necessary water facilities which may be outside the property limits of the land
owned or controlled by the subdivider or developer, but are necessitated or
required, at least in part, by construction or improvement of such land in
accordance with the intent and provisions of Section 15.2-2243 of the Code of
Virginia, the adopted Comprehensive Plan, the adopted Pubic Water Facilities
Master Plan, the subdivision ordinance and this ordinance.
3. The development of County policy and criteria for determination of pro rata share
of total cost, financial and implementation procedures and other related matters
shall be the responsibility of the County Administrator and shall be approved and
adopted by the Board of Supervisors as part of the Public Water Facilities Master
Plan.
N.
Storm Drainage and Stormwater Management Facilities
1. The County may develop a Storm Drainage and Stormwater Management
Facilities Master Plan to determine the projected storm drainage impacts, pre- and
post-development runoff quantities and flow, storm drainage culverts and pipe
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systems, storm drainage ditches and structures, stormwater management facilities,
waterfront protection measures, best management practices facilities (BMPs),
easements and costs to provide adequate and necessary drainage improvements to
the County’s drainage sheds at full development of those sheds. This facilities
plan shall be designed to and in accordance with the future land uses on the
adopted Comprehensive Plan. The facilities and improvements cost shall be
updated annually by applying the appropriate Engineering News-Record cost
index factor. The facilities plan shall be approved and adopted by Board of
Supervisors.
2. Upon adoption of a Storm Drainage and Stormwater Management Facilities
Master Plan, a subdivider or developer of land shall be required to pay a pro rata
share of the cost of providing reasonable and necessary storm drainage
improvements facilities which may be located outside the property limits of the
land owned or controlled by the subdivider or developer, but necessitated or
required, at least in part, by the construction or improvement of such land, in
accordance with the intent and provisions of Section 15.2-2243 of the Code of
Virginia, the adopted Comprehensive Plan, the adopted Storm Drainage and
Stormwater Management Facilities Master Plan, the subdivision ordinance, and
this ordinance.
3. The policy and criteria for determination of pro rata share of total cost, financial
and implementation procedures and other related matters shall be the
responsibility of the County Administrator and adopted by the Board of
Supervisors as part of the Storm Drainage and Stormwater Management Facilities
Master Plan.
O.
Accessory Uses and Structures
1. Accessory uses are permitted in any zoning district, but only in connection with,
incidental to, and on the same lot with, a principal structure which is in use and
permitted in such district.
2. All accessory uses and structures except agricultural related uses and structures
shall be placed in rear yards and shall cover no more than twenty (20) percent of
the area of the rear yard.
3. No accessory structure except an agricultural structure associated with an active
agricultural operation shall be located in a front or side yard, except for flagpoles,
fences and walls.
4. Accessory buildings on lots in commercial and industrial districts which abut a
residential district shall be located a minimum of fifty (50) feet from such
residential district line.
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5. No accessory building may be placed within the limits of a recorded easement,
alley or required fire lane.
6.
No accessory structure other than garages shall exceed twenty four (24) feet in
height. Garages may exceed twenty-four (24) feet in height with a special use
permit provided that the height of the garage shall not exceed the height of the
primary residential structure.
7. Accessory apartments meeting the conditions listed herein below are the only
accessory buildings that may be used as a residential dwelling unit.
8. Accessory buildings which are not a part of the principal structure (this includes
those accessory structures that are connected to the principal building by an open
breezeway) may be constructed in a rear yard, provided such accessory building
does not occupy more than twenty (20) percent of the area of the required rear
yard and provided it is not located closer than five feet to any lot line.
9.
P.
Swimming pools may occupy a required rear or side yard, provided that such
pools are not located closer than ten (10) feet to a rear lot line or ten (10) feet to
an interior or side lot line. A pedestrian space of at least three (3) feet in width
shall be provided between pool walls and the protective fences or barrier walls of
the pool.
Accessory Apartments
One accessory apartment may be maintained on a single family lot within zoning districts
for single family detached residences, subject to the following:
1. There shall be no other apartment facilities or room rentals in the dwelling or its
accessory buildings.
2. Off-street parking shall be as required by Chapter 8.
3.
When a building addition or additional parking is proposed, a minor site plan
meeting the requirements of Chapter 13 regarding site planning shall be
submitted.
4. The floor area of an accessory apartment shall not exceed forty-five (45) percent
of the existing floor area of the main building which will house the same.
a. An accessory apartment shall have one kitchen and shall have no more than
two bedrooms, one bathroom and one all purpose room and shall be entirely
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located either within the outer walls of the main building or connected thereto
by a common wall, ceiling or floor but not by a breezeway or porch.
Accessory apartments located on a separate level over a freestanding garage
are also permissible provided that it is in compliance with residential building
codes.
b. An accessory apartment shall be accessible from the interior of the main
building of which it is part. Only one main entrance shall be permitted on the
front of the accessory apartment; all other exterior entrances shall be at the
side or in the rear.
Q.
Walls and Fences
Walls and fences, berms and similar items which may restrict passage or vision or simply
enhance private property may be located within required yards as defined by building
setbacks except as restricted herein:
1. In all use districts, walls and fences, hedgerows and other dense vegetation
exceeding three and one-half (3.5’) feet in height, and which present a potential
obstruction to vision, shall be reduced in height or relocated at least twenty (20)
feet from the intersection of right-of-way lines or, otherwise, to ensure sight
distances satisfactory to the Planning Director and/or the Virginia Department of
Transportation (VDOT).
2. In all zoning districts, walls and fences, hedgerows and other dense landscaping
and other items which exceed four (4) feet in height and present an obstruction of
vision to traffic ingress and egress on property or that impact sight distances on
public rights of way shall be reduced in height or relocated in a manner which
negates the obstruction as determined by VDOT or the Planning Director.
3. In all residential districts, walls and fences which adjoin property lines shall not be
electrified or otherwise secured in a manner inappropriate or dangerous to the
neighborhood.
4. Trellises and trellis work, play equipment, outdoor furniture, mailboxes,
ornamental entry columns and gates are allowed within required yards.
R.
Resource Extraction
1. Extraction activities and related uses involving the extraction of natural resources
conforming to all the applicable provisions of this ordinance are hereby permitted,
subject to approval of a special use permit in the following zoning districts:
a. FP-O, Flood Plain Overlay District
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b. H-I, Heavy Industrial District
c. R-F, Rural and Farming District
2. The application for special use permit for extraction activities shall be
accompanied by a site plan meeting all the requirements for a major site plan
review. In addition, the following information shall be provided with the special
use permit application:
a. A phasing plan;
b. A vehicular access plan to be utilized by the excavation operator;
c. An enhanced erosion and sediment control plan detailing methods to be used to
protect surrounding properties and public streets;
d. A comprehensive facility operations plan, including an estimate of annual
yardage or tonnage to be excavated;
e. A detailed reclamation and restoration plan;
f. Design and construction details for fencing and gating;
g. Copies of all state and federal permits for use and use operations;
h. Proffers and plats supporting permanent easements, setbacks and buffer areas;
i. Evidence of ownership’s record of borrow pit operations and prior record of
compliance with excavation permits;
j. A site plan depicting enhanced roadside landscape, yard setbacks and related
buffers; and
k. An operations maintenance plan.
3. In addition to the bonding requirements of Chapter 12, Site Plan Regulations, the
following bonding (surety) requirements for extraction activities shall apply:
a. In addition to other bonding requirements of this ordinance, the operator shall
furnish a bond of the amount on the form to be prescribed by the County
Administrator, payable to the County of Nelson.
b. The bond shall serve to condition the use permit subject to the operator
performing all of the requirements of this ordinance as well as the conditions of
the special use permit, the facility improvements plan, the operations plan, the
reclamation and restoration plan and the maintenance plan.
c. The operator shall submit a cost estimate for the above considerations with the
bond form, with said estimate to be prepared by a registered professional engineer
qualified to undertake such examinations. The Planning Director shall employ
said estimate in setting the bond or surety amount.
d. The bond or surety posted by the operator for such use and operations shall not be
refunded until the operator has obtained the approval of the Planning
Commission.
e. Within ten days of the anniversary of a bond, the operator shall post any
additional bond in the amount determined by the Planning Director.
f. If the operator does not undertake to complete any reclamation, operations or
maintenance deficiency within thirty (30) days of notification by the Planning
Director, the County may order the forfeiture of the bond or surety and have the
necessary work performed with the money so received.
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4. All special use permits issued for extraction activities will be valid for a period of
five (5) years from the date of issuance. An extension of time or renewal of said
permit will require that new applications be filed in accordance with the terms of
this ordinance.
5. A violation of this chapter shall be deemed as adequate cause to declare the
special use permit null and void upon action by the Board of Supervisors at a
regularly scheduled meeting.
S.
Home Occupations
1. A home occupation permit shall be approved by the Planning Director prior to
commencement of business operations.
2. The home occupation shall be clearly incidental to the use of the premises for
dwelling purposes.
3. The home occupation shall be conducted only by the occupant residing on the
premises.
a. In a rural and farming district, no more than four (4) persons can be employed
in the home occupation, other than members of the family residing on the
premises.
b. In all other districts, no more than one (1) person who does not reside on the
premises may be employed in the home occupation.
4. The home occupation shall not result in the alteration of the appearance of the
residential dwelling unit or the lot on which it is located. There shall be no storage
or display of goods outside of a completely enclosed structure.
5. The home occupation shall be conducted within the dwelling or fully enclosed
accessory building, shall not require external alteration to the appearance of the
dwelling, and shall involve no equipment which is deemed to be in conflict with
the intent of the residential nature of the community.
6. The home occupation shall not involve the use or storage of explosives,
flammable or hazardous materials and may not involve any process that produces
smoke, dust, odor, noise, vibration, or electrical interference which, in the opinion
of the Planning Director, is deteriorative or harmful to surrounding properties.
7. The home occupation shall not involve the delivery and storage of materials at a
frequency beyond that which is reasonable to the residential use of the property.
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8. Any use which generates traffic to and from the home in excess of what is
normally associated with a single-family dwelling shall not be permitted as a
home occupation.
9. Signage regulations are outlined in Chapter 10.
10. No home occupation shall be permitted which comprises more than forty-five
(45) percent of the gross floor area of the dwelling.
11. A home occupation shall comply with all applicable County, State and Federal
laws and regulations governing the intended use, including applicable business
licenses and permits.
12. Any home occupation which, in the opinion of the Planning Director, has violated
the provisions of the home occupation permit or becomes a burden to the
neighborhood due to excessive traffic, noise, hours of operation, lighting, or use
intensity, shall have its permit revoked and the home occupation shall discontinue
or correct operations within ten days upon notification.
13. Any person aggrieved by the action of the Planning Director in granting, denying
or revoking a home occupation permit or in stipulating conditions or corrections
thereto may appeal the decision to the Board of Zoning Appeals.
14. Within the context of the above requirements, home occupation uses include, but
are not limited to, the following:
a. Artist, sculptor, artisan, graphic designer, photographer, jewelry maker, or like
occupation.
b. Author or composer.
c. Computer programmer, internet service provider or individual conducting a
computer-oriented technology services.
d. Home care provider (baby-sitting for not more than 5 non-related children).
e. Tailor or seamstress.
f. Professional office
g. Tutoring, limited to five (5) students at any one time.
h. Salesperson, provided that no retail or wholesale transactions occur on
premises.
i. Telephone answering service.
j. Music teacher, limited to five (5) students at any one time.
k. Caterer.
l. Beauty parlor.
m. Barber shop.
n. Other similar uses.
15. Specifically prohibited home occupation uses include, but are not limited
to, the following:
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a. Auto repair or auto paint shop.
b. Day care provider (baby-sitter serving more than five non-related
children).
c. Gift shops.
d. Adult entertainment businesses and massage parlors.
e. Small machinery repair shop.
f. Veterinary activities and kennels.
g. Wrecking and towing service.
h. Welding and machine shop.
i. Tattoo establishments.
j. Fortune tellers.
k. Nursing homes, convalescent homes, and adult care facilities (4 adults or
more).
l. Eating establishments.
m. Antique shops.
n. Other similar uses.
T.
Lot and Yard Requirements and Modifications
1. Structure Location: No structure or part thereof shall hereafter be constructed or
moved on a lot which does not meet all of the minimum lot area and yard
requirements established for the zoning district in which the structure is or is
planned to be located except when allowed by special use permit
2. Minimum lot widths: The minimum lot width shall be measured at the minimum
front yard setback line approved on the final subdivision plat. No portion of the
lot between the front and rear yard setback lines shall be less than the minimum
lot width required for the zoning district. Each lot must maintain a minimum
street frontage of at least twenty-five (25) feet.
3. Pipestem Lots: Pipestem lots (also known as “flag lots”) are permitted in
residential districts by special exception, provided that no more than ten (10)
percent of the lots in a residential development may be pipestem lots.
4. Extensions into Required Yards: Cornices, awnings, eaves, Americans with
Disabilities Act (ADA) ramps, gutters, and other similar structural overhangs at
least eight feet above grade may extend not more than three (3) feet into any
required yard.
5. Porch and Deck Extensions: Uncovered and un-enclosed decks, porches, patios,
terraces and other similar features not covered by a roof or canopy may extend or
project into a required front, side or rear yard setback line not more than four (4)
feet. Uncovered ramps designed for handicapped accessibility (Americans with
Disabilities Act) may extend into a required front, side or rear yard setback.
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6.
Corner Lots: Corner lots shall provide a setback equal to the required front
setback for all yards adjoining a public street provided, however, that the setback
regulations shall not reduce the buildable width of a lot to less than fifty (50)
percent of lot width as measured at the point of required setback line.
7. Average Setback Line: Where the frontage on one side of a street between two (2)
intersecting streets is improved with buildings having a setback greater or less
than one setback heretofore permitted, no building shall project beyond the
average setback line of the existing buildings of the same zoning classification so
established.
8. Chimneys, etc.: Chimneys, solar devices, architectural features or the like, may
project into required yards not more than thirty-six (36) inches. No such feature
shall connect a principle structure with an accessory structure unless the accessory
structure conforms with setbacks applicable to principle structures and all
building code requirements are met.
9. Commercial Fuel Storage: No commercial above ground fuel storage tanks may be
located less than one hundred fifty (150) feet from any residential district or
residential use. Canopies and pump operations are not classified as accessory
buildings and shall comply with standard principal building setbacks for the
district concerned.
10. Soils Limitations: Development on shrink/swell soils or other soils which limit
their engineering capacity for building foundations is not encouraged by the
County of Nelson. Any development on lots containing shrink/swell soils shall be
subject to specific soils and geotechnical analysis of the lot and detailed
foundation engineering evaluations for the intended improvements. The following
additional lot regulations and requirements shall apply to any subdivided lot:
a. Lots to be developed on shrink/swell or other limiting soils shall require a
geotechnical study and foundation design report for each lot prior to issuance
of a building permit. Such report shall be prepared by a registered professional
engineer and shall address: (1) the location and characteristics of the soils; and
(2) foundation and related structural engineering design recommendations for
the intended structure.
b. No subdivision plat or site plan shall be approved for recordation until a
geotechnical and foundation report has been reviewed by the County in
conjunction with final site plan, lot development plan and/or final subdivision
plat review, or as otherwise required by the Planning Director.
c. All recorded plats for new subdivided lots containing shrink/swell or other
unsuitable soils shall bear the following notation:
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“This lot contains shrink/swell soils or other soils which require special
engineering design for foundations and structural elements. No structure
will be approved for issuance of a building permit until a certified
engineering design has been submitted for the foundation and other
related structural elements for the proposed structure.”
11. Frontage on Public Streets: Every lot shall front on either: (a) an existing public
street; or (b) a street dedicated by subdivision plat and maintained or design and
built to be maintained by the Virginia Department of Transportation, provided
that private roads shall be permitted in accordance with the requirements of this
ordinance.
12. Waiver by Planning Commission: The Planning Commission may modify or
waive any regulations and requirements of this section subject to the following:
a. The applicant shall file a written request for modification or waiver concurrent
with site plan or subdivision plat application.
b. The Planning Commission shall solicit input from the Planning Director, Site
Plan Review Committee and any other source deemed necessary to make such
determination for modification or waiver.
c. The Planning Commission may modify or waive the requirements of this
section upon finding that the strict application of the requirement would not
forward the purposes of this ordinance or otherwise serve the public interest
and that alternatives proposed by the applicant would satisfy the purpose of
this section to an equivalent degree.
d. In granting such waiver or modification, the Planning Commission may
impose such conditions as it deems necessary to protect the public interest and
to ensure that such development will be consistent with the intent of this
ordinance.
U.
Building Site Requirements
1. Building Sites with Private Well and Septic Fields: For uses not served by public
water or public sewerage systems, the following building site area regulations
shall apply:
a. The building site on a lot shall have a minimum gross area of thirty thousand
(30,000) square feet.
b. The building site shall have an adequate area for the location of all buildings,
structures, parking and loading areas, other related site improvements, and the
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area impacted by any earth disturbing activity necessary to accommodate such
improvements.
c. In addition to U.1.b. above, the building site shall have adequate area for the
location of two septic drain fields as approved by the Department of Health
and, further, in accordance with the requirements of the applicable zoning
district of this ordinance.
d. Septic system location shall be restricted to the approved building site unless
otherwise approved by the Planning Commission in conjunction with the
review and approval of a final subdivision plat or final site plan.
e.
The location of septic systems and drain fields shall be discouraged on
building sites where slopes exceed twenty percent (20%.)
f. The two septic drainfield locations, one for an original field and one for a
replacement field, for a lot shall be field located by the surveyor of record and
depicted by metes and bounds on the final subdivision plat prior to recordation
of plat.
g. For lots and building sites not served by public water or public sewerage
system, no building permit shall be issued for any building or structure that
require water or sewer without written approval from the local office of the
Virginia Department of Health. Such approval shall indicate the location and
area for both the original and future replacement septic disposal fields
adequate to serve such use. For residential usage, at a minimum, each septic
disposal field shall consist of suitable soils of adequate area to accommodate
sewerage disposal from a three bedroom dwelling and otherwise shall be
based on current regulations of the Virginia Department of Health.
h. In cluster development, open space parcels may be used for required septic
field locations on a lot only after the septic field locations on such lot is
determined to be inadequate by the Virginia Department of Health and the
Planning Director.
i. In the case of unusual soil conditions or other physical factors that may impair
the health and safety of the neighborhood or surrounding area, the Planning
Commission, upon recommendation by the Planning Director and the Virginia
Department of Health, may increase the area requirements for uses utilizing
other than a public sewer system. In such cases, alternative septic and
drainfield systems may be considered on a case by case basis provided that
alternative systems meet all requirements of the Virginia Department of
Health and that operational and maintenance requirements for alternative
systems are incorporated into plat and plan approvals by the Planning
Commission.
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j. Refer to individual zoning districts for developable area, open space, parcel
characteristics and other additional regulations related to building site criteria.
2. Building Sites with Public Water or Sewer: For uses served by public water or
public sewerage systems, the following building site area regulations shall apply:
a. The building site area shall be of adequate area to accommodate all buildings
and structures, parking and loading areas, storage yards and other site
improvements together with any earth disturbing activity necessary to
accommodate such improvements.
b. Refer to individual zoning districts for developable area, open space, specific
lot characteristics and other additional regulations related to building site
criteria.
3. Application of Building Site Area Criteria: The site area provisions herein above
shall not apply to accessways, public utilities, stormwater management facilities
and other improvements necessary to provide reasonable usage of the property
where no reasonable alternative location or alignment otherwise exists. In such
cases, the Planning Director shall require protective and restorative measures as
deemed necessary to ensure that development of a building site will be consistent
with the intent of this ordinance.
4. Maximum Slope Requirements for Building Sites: No building, structure, or site
improvements, or earth disturbing activity to establish such building, structure or
site improvement, shall be located on natural slopes of thirty-five percent (35%)
or greater. This requirement may be waived upon justification by the applicant
and by subsequent action of the Planning Commission at its sole discretion in
conjunction with the review and approval of a special use permit, subdivision plat
or site plan.
5. Building Site Required on Lot: No lot or parcel shall be created that has less than
one (1) building site, provided that required open space parcels, rural open space
parcels and rural village open space parcels that meet the requirements of this
ordinance may be created under certain conditions approved by the Board of
Supervisors without an approved building site.
6. Building Sites on Plat and Plans: The building site area shall be graphically
depicted on all plat and plan exhibits required for special use permit, subdivision
plat, or site plan approval.
7. Modification or Waiver by the Planning Commission: The Planning Commission
may modify or waive any regulations and requirements of this section subject to
the following:
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a. The applicant shall file a written request for modification or waiver concurrent
with site plan or subdivision plat application.
b. The Planning Commission shall solicit input from the Planning Director, Site
Plan Review Committee and any other source deemed necessary to make such
determination for modification or waiver.
c. The Planning Commission may modify or waive a requirement of this section
upon finding that the strict application of the requirement would not forward
the purposes of this ordinance or otherwise serve the public interest and that
alternatives proposed by the applicant would satisfy the purpose of this
section to an equivalent degree.
d. In granting such waiver or modification, the Planning Commission may
impose such conditions as it deems necessary to protect the public interest and
to ensure that such development will be consistent with the intent of this
ordinance.
V.
Utilities in the Development Model Areas
1. It is specifically intended that public water supplies and public sewerage systems
be utilized for both existing and future development within the Comprehensive
Plan’s Development Model areas. Within these areas, no building permit shall be
issued for any building or structure, including manufactured (mobile) homes, that
requires domestic water or sewerage disposal unless the building or structure is
provided with public water and/or public sewerage system service.
2. The requirement for public water and/or public sewerage system service in the
Development Model areas shall not apply to the following:
a. Structures damaged as a result of factors beyond the control of the owner or
occupant thereof. Such structures may be repaired provided that such repair
shall be commenced within twelve (12) months and completed within twenty
four (24) months from the date of such damage, and provided further that such
structure shall not be repaired in such manner as to reasonably cause an
increase in water usage or sewerage disposal demand.
b. The Director of Planning determines that the cost of connecting the proposed
development or subdivision to the public water or sewerage system, exclusive
of connection fees, exceeds the cost of installing an on-site well or septic
system.
c. The Planning Director finds that the capacity of the public water or sewerage
system is inadequate to serve the proposed development.
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d. The Planning Director determines that it is physically and economically
infeasible for the developer or subdivider to participate in a pro-rata share
funding program to provide for new or upgraded public water or sewerage
systems that will serve the Development Model service areas.
W.
Public Hearings
1. Public hearings held by the Board of Supervisors, Planning Commission, Board
of Zoning Appeals or other duly appointed authority, shall be held in accordance
with Sections 15.2-1427, 2204, 2205 and other appropriate sections of the Code
of Virginia, 1950, as amended.
2. Required signs: At least fourteen days preceding a public hearing involving a site
specific request, the applicant shall erect on the subject parcel or parcels, a sign or
signs, in such number furnished by the Planning Director, stating “PUBLIC
HEARING NOTICE” and indicating the telephone number of the Planning and
Zoning Office. The sign or signs shall be erected by the applicant within ten feet
of whatever boundary line of such land abuts a public street and shall be in places
clearly visible from the street. Such signs shall not be erected on the public rightof-way. If more than one such street abuts the subject parcel or parcels, then at
least two signs shall be erected in the same manner as specified above, along at
least two abutting streets. If no public street abuts thereon, then signs shall be
placed in the same manner as above on at least one (or as many as deemed
necessary by the Planning Director) boundary of the property abutting land not
owned by the applicant.
3. Any sign erected as required by this chapter shall be maintained at all times by the
applicant up to the time of the hearing.
4. It shall be unlawful for any person, except the applicant or the Planning Director,
or authorized agent of either, to remove or tamper with any required sign during
the period it is required to be maintained under this section.
5. All signs erected under this section shall be removed by the applicant within five
days following the public hearing for which it was erected.
6. An affidavit sworn by the applicant stating that the required sign or signs were
erected in accordance with this ordinance shall be submitted at the public hearing.
7. Failure to constantly maintain such sign on the property prior to the date of the
public hearing shall not invalidate the public hearing or any approval thereafter
granted.
8. If any hearing is continued, written notice of the new hearing date shall be mailed
to those persons that received notice of the previous hearing, as required above.
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X.
Violations and Penalties
1. The Planning Director and all other County officials and employees who are
vested with duty or authority to issue permits or licenses shall adhere to the
provisions of this ordinance and shall issue permits or licenses only when uses
and buildings comply with the provisions of this ordinance.
2. The County reserves the right to revoke, upon written notification and failure to
remedy within a reasonable period of time, any permit wrongfully issued or
otherwise found to be in conflict with the provisions of this ordinance.
3. Any person who engages in any conduct made unlawful by Section XI shall, upon
conviction, be fined not less than ten dollars ($10.00) nor more than one thousand
dollars ($1,000.00). If the violation is uncorrected at the time of conviction, the
court shall order the violator to abate or remedy the violation in compliance with
the zoning ordinance, within a time period established by the court. Failure to
remove or abate a zoning violation within the specified time period shall
constitute a separate misdemeanor offense punishable by a fine of not less than
ten dollars ($10.00) nor one thousand dollars ($1,000.00), and any failure during
any succeeding ten-day (10) period shall constitute a separate misdemeanor
offense for each ten-day (10) period by a fine of not less than one hundred dollars
($100.00) nor more than one thousand five hundred dollars ($1,500.00)
4. In addition to pursuing the penalties and fines herein above provided, the Planning
Director may bring additional legal action to insure compliance with this
ordinance, including injunction, abatement or other appropriate action or
proceeding.
Y.
Violations - Enumerated
The following conduct is hereby declared to be unlawful:
1. Violation of any provision of this chapter or any regulation adopted pursuant to
authority conferred by it.
2. Failure to comply with the provisions, requirements, conditions or standards
contained in any approved site plan, grading plan, excavation plan or clearing plan,
or any special use permit, building permit, occupancy permit, zoning permit,
variance or certificate of appropriateness.
3. Failure of the owner of any property for which a site plan, permit or other official
approval has been granted under this chapter to maintain improvements required
under the terms of such approval (including, but not limited, to pedestrian
walkways, vehicular travel lanes or driveways, parking areas, walls, curbs and
gutters, signs, screening or landscaping, soil erosion devices or drainage
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improvements) in a condition which ensures protection of the public safety and
general welfare. It is the purpose of this section to ensure that those site
improvements intended for benefit of the public or protection of adjacent properties,
but not dedicated to public use or otherwise transferred to the county or state
ownership, are maintained in a condition which permits those intentions to be
fulfilled.
4. Procurement of any amendment or required permit, certificate or approval through
misrepresentation of any material fact.
Z.
Violations – Stop Order; Suspension and Revocation of Plans,
Permits, Certificates, Approvals, and Variances
1. Except as otherwise specifically provided in this chapter, the Planning Director
shall, upon finding that any person is or has been engaging in conduct declared
unlawful by Section XI, issue an order directing such person to cease engaging in
such conduct.
2. The issuance of a stop order shall suspend the effect of any approval, permit, plan,
variance or certificate previously issued that related to the property or premises
subject to the stop order until such time as the stop order is withdrawn by the
Planning Director or stayed by an appeal to the Board of Zoning Appeals.
3. The Planning Director may, if so specified in the stop order, revoke any permit or
certificate previously issued by him.
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Chapter 3
Zoning Districts
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Chapter 3: Zoning Districts
A.
Purpose and Intent
The Board of Supervisors of Nelson County has established and adopted zoning districts
in order to classify, regulate and restrict the location and use of buildings, structures,
land, rivers, wetlands and water; to regulate and restrict the height and bulk of buildings;
to regulate the area of yards and other open spaces around buildings; to regulate the
intensity and density of land uses and to regulate historic areas and major transportation
corridors within the geographical territory of the County.
B.
Zoning District Classifications
The fourteen zoning districts are organized into four general zoning categories: (1) Rural
and Residential Districts; (2) Commercial and Business Districts; (3) Economic
Development Districts; and (4) Special Overlay Districts.
Chapter
Rural and Residential Districts
3.A
Rural and Farming District................................................................R-F
3.B
Rural Residential District.................................................................. R-R
3.C
Neighborhood Residential District.....................................................N-R
3.D
Attached and Multifamily District.....................................................A/M-R
Chapter
Commercial and Business Districts
3.E
Business District…………………………………………………....B-1
3.F
Village Mixed Use District...............................................................V-MU
3.G
Town Center District..............................................................……..TC-B
3.H
Planned Shopping Business District.................................................PS-B
Chapter
Economic Development Districts
3.I
Light Industrial District....................................................................L-I
3.J
Heavy Industrial District........................................................……..H-I
Chapter
Special Overlay Districts
3.K
Planned Community Development District.........…………..…......PCD-O
3.L
Corridor Overlay District.................................................................C-O
3.M
Historic Overlay District..................................................................H-O
3.N
Floodplain Overlay District.................................................……....FP-O
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Chapter 3.A
Rural & Farming District, R-F
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Chapter 3.A: Rural & Farming District, R-F
A.
Purpose and Intent
The Rural and Farming District, R-F, is created to implement the Comprehensive Plan’s
goals, objectives and principles for rural conservation as well as natural and scenic
resources. The R-F District provides a vehicle by which prime agricultural and forestry
lands, natural and scenic resources, critical watersheds, and sensitive environmental
areas, and other large tracts of land within Nelson County may be preserved and
maintained. It is the intent of this district to promulgate existing farm and forestry
operations, reduce the premature subdivision of land into inefficient lot development
patterns, conserve natural features and vegetation, eliminate scattered residential uses on
small lots demanding public services, protect stream and river resources, promote new
agricultural and forestry production, and encourage the preservation of sensitive
environmental areas.
Pursuant to its goals for Nelson County’s “Development Model Areas”, it is the intent of
the Board to concentrate its efforts to provide services and infrastructure within the
designated growth areas. Conversely, individual residences, subdivisions and other uses
in the rural conservation areas will receive a significantly lower level of public service
delivery than what would be provided to development located within the “Development
Model Areas.”
Residential land uses which are not related to and supportive of active agricultural and
forestry activities are not encouraged as a by right use within the R-F District.
An applicant for a rural cluster residential subdivision must clearly demonstrate that such
development will not conflict with any of the County’s farming, rural preservation and
conservation objectives. The rural cluster residential subdivision must be designed in
such a manner as to maximize the utility of the remaining rural tract for a bona fide
agricultural, forestry or conservation purpose.
B.
Permitted Uses
1. General farming, agriculture, dairying, vineyards, horticulture, forestry, and
tenant housing ancillary to agricultural operations
2. Rural open space parcel
3. Single family detached dwelling or a manufactured home on a permanent
foundation (subject to all requirements of this article applicable to single
family dwellings)
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4. Minor residential subdivision, provided that the maximum number of
residential lots does not exceed five (5) minor residential lots on any parcel of
record prior to the date of adoption of this ordinance
5. Major residential subdivision, provided that the maximum number of
residential lots does not exceed five 10-acre lots and/or unlimited 20 acre lots
6. Rural cluster residential subdivision, provided that the maximum number of
residential lot development rights shall not exceed ten (10) rural cluster
residential lots on any parcel of record as of the date of adoption of this
ordinance
7. Guest cottage or other single family detached unit for rental on an approved
lot or parcel of record (in addition to the principal residential unit), to house
not more than one family, provided that the lot area, yard, setback and other
lot and density requirements of this article shall be met for each use whether
or not such use is on an individual platted lot or parcel. No more than one (1)
guest cottage or rental unit is permitted per lot or parcel, provided that the
total number of number of guest cottages or rental units may be increased by
special permit, provided that the total number of residential dwelling units on
a lot or parcel may not exceed the maximum development rights and
development density of that lot or parcel and that it can be demonstrated that
such additional dwelling units otherwise qualify for subdivision approval.
8. Accessory use to a residential structure, limited to detached carport and
garages, tool sheds, children’s playhouses and play structures and doghouses
9. Public park and playground
10. Public school or college
11. Church or place of worship
12. Bed and breakfast inn
13. Private swimming pool or tennis courts
14. Private, non-commercial outdoor recreation activity as a secondary use
associated with and ancillary to the principal use of the property, including
hiking, hunting, target or trap shooting, boating, horseback riding, swimming,
and fishing. In this connection, private, non-commercial clubs and
associations, having either an ownership or leasehold interest in a parcel, may
enjoy the foregoing uses provided such uses are not open to the public and are
not commercial in nature.
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15. Private horse stable as a secondary use associated with and ancillary to the
principal use of a lot
16. Home occupation
17. Yard sale and/or garage sale
18. Public facilities, utilities and emergency services facilities, except those
requiring special use permit
19. Commercial winery and vineyard with onsite retail or wholesale product sales
20. On-site commercial operation for agricultural and forestry product sales and
services for products produced onsite, unless requiring Special Use Permit as
described in Section C.
21. Open air market or stand for farm, horticulture, craft, and produce sales
(temporary)
22. Communication tower, electrical power substation, transmission lines and
related towers (subject to the requirements of Chapter 14 of this ordinance)
23. Community centers
24. Cemetery, family
C.
Uses Permitted by Special Use Permit
1. Cluster residential subdivision (which exceeds twelve [12] cluster lots).
2. Increase in the number of major residential lots to be located on a parcel of
record as of the date of adoption of this ordinance that exceeds five residential
lots, provided that the total number of conventional residential lots does not
exceed a residential density of one lot per ten acres.
3. Library, museum, historic site or shrine.
4. Private school.
5. Commercial sawmill, temporary and permanent.
6. Commercial dog kennel.
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7. Veterinary clinic or animal hospital.
8. Cupolas, spires and steeples for public or semi-public use that exceed
maximum height permitted by-right.
9. Accessory apartment within a residential dwelling.
10. Commercial horse stable.
11. Antique, craft or artisan shop (as a secondary use within a single family
dwelling provided that the non-residential use does not exceed fifty percent of
the first floor area of the residential dwelling).
12. Equestrian center or recurring horse show or equestrian event.
13. County fair.
14. Private grass landing strip, heliport, or helipad.
15. Guest cottage or a single family residential intended for rental, with the total
number of units permitted exceeding one per lot or parcel.
16. Golf course or golf driving range.
17. Public or commercial recreation and leisure establishment.
18. Commercial game preserve or fishery.
19. Private camp or conference facility for commercial activity.
20. Borrow pit or resource extraction.
21. Transfer station and recycling station.
22. Livestock sales facility.
23. Cemetery, commercial.
24. Child or adult day care facility.
25. Group home or home for developmentally disabled persons.
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26. Abattoir, slaughterhouse.
27. Gas or oil transmission line.
28. Commercial firing ranges or shooting or gun club facility, whether private or
open to the public.
29. Corporate training facility.
30. Modification of lot size, yard and bulk regulations for non-residential use.
31. Modification of minimum “rural open space” parcel size and criteria
governing parcel configuration for rural cluster residential subdivision.
32. Race track (excluding athletic fields).
33. Intentional communities.
D. Maximum Residential Density
1. Major residential subdivision density (permitted by right, for a parcel of
record as of the date of adoption of this ordinance):
Maximum of five (5) residential lots with minimum size of ten (10) acres per
lot and one dwelling unit allowed per lot, not including residue.
One (1) dwelling unit per minimum twenty (20) acres with no residential lot
limit, not including residue.
2. Minor residential subdivision density (permitted by right, for a parcel of
record as of the date of adoption of this ordinance):
Maximum of five (5) residential lots with a minimum size of five (5) acres per
lot and one dwelling unit per lot, not including residue.
3. Rural cluster residential subdivision density:
One (1) dwelling unit per five (5) acres, provided that such subdivision of land
shall not exceed twelve (12) residential cluster lot development rights for a by
right subdivision.
In addition to the maximum number of rural cluster residential lots, a “rural
open space parcel” shall retain one residential development right.
4. Parcels with less than ten (10) acres (for a property of record as of the date of
adoption of this ordinance):
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One (1) dwelling unit, provided that minimum bulk dimensions and lot size
requirements for the district are met.
E. Lot Size Requirements:
1. Minimum district size: per Official Zoning Map
2. Minimum major subdivision conventional residential lot area (by right): 10
acres
Minimum minor subdivision lot area: 5 acres
Minimum rural cluster residential lot size: not to exceed a total of twelve (12)
cluster residential lots: 1.5 acres.
Maximum rural cluster residential lot size: 5.0 acres
Minimum “rural open space” parcel size: 10 acres, or as calculated by 3.
below, whichever is greater.
Minimum family division lot: 2 acres
3. “Rural open space” parcels: The residual “rural open space” parcel is required
for a rural cluster residential subdivision. The parcel must be platted and
maintained for a bona fide agricultural, forestry or conservation use, and this
parcel is not subject to further subdivision. The “open space” parcel must have
an overall tract size-to-cluster lot size ratio of 2: 1, or 2 acres of “rural open
space” parcel for each one (1) acre of land contained within the cluster
residential lots within the subdivision (exclusive of area contained in rights of
way and access easements.) The “rural open space” parcel must be a
contiguous tract of land unless otherwise approved by the Planning
Commission.
The “rural open space” parcel may retain one residential development right in
addition to the number of permitted cluster residential development rights on
the balance of the property. If the residential development right is to be
retained or exercised, it shall be identified, platted and approved at the time of
the initial subdivision of the property.
The subdivision plat and deed of record shall stipulate that there shall be no
further subdivision of a “rural open space” parcel or any other residual parcel
of a property of record on the adoption of the date of this ordinance after the
approval and recordation of the rural cluster residential subdivision on a
portion of that property of record.
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4. Minimum lot width (conventional lot):
a. Interior lot (on new public street or private street): 300 feet
b. Frontage lot (on existing public road): 400 feet
c. Corner lot: 500 feet
5. Minimum lot width (rural cluster residential lot):
a. Interior lot (on new public street or private street): 150 feet
b. Frontage lot (on an existing public road): 300 feet
c. Corner lot (on a new public road or private street): 200 feet
Corner lot (on an existing public road): 300 feet
6. Minimum lot depth:
a. Conventional lot: 350 feet
b. Rural cluster residential lot: 200 feet
F. Bulk Regulations:
1. Height
a. Residential building height: 45 feet
b. Public or semi-public building: 45 feet, provided that required front, rear
and side yards shall be increased by 2 feet for each foot of height over
thirty-five feet.
c. Cupolas, spires and steeples: 75 feet by special permit
d. Accessory and farm buildings: 50 feet
2. Minimum yard requirements (conventional lots):
a.
b.
c.
d.
Front yard: 120 feet
Side yard: 60 feet
Rear yard: 60 feet; 30 feet (accessory structure and uses)
In addition to the above regulations, the yard requirements for uses and
structures other than residential dwellings and residential accessory uses
shall be further regulated by floor area ratio and lot coverage ratios. A
maximum floor area ratio equal to 0.20 shall apply to such uses and
structures, with a maximum percentage of lot coverage equal to 15%. The
location of all such uses shall be subject to site plan approval.
3. Minimum yard requirements (rural cluster residential lots):
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a. Front yard (served by a new internal street or a 50 feet private access
easement or street): _________
Front yard (adjacent to an existing public street): 100 feet
b. Side yard: 30 feet
Side yard (adjacent to an existing public street): 100 feet
c. Rear yard: 40 feet; 15 feet (accessory structure and uses)
d. Corner lots shall meet front yard requirements.
G. “Rural Open Space” Parcels
1. A “rural open space” parcel must be provided with any rural cluster residential
subdivision. The “rural open space” parcel which is part of a master plan for a
rural cluster residential subdivision must be platted and maintained for a bona
fide agricultural, forestry or conservation use. One residential development
right is permitted on the “rural open space” parcel provided that such
development right is identified, approved and recorded with the initial
subdivision of the cluster development. The “rural open space” parcel must be
a contiguous tract of land unless otherwise approved by the Planning
Commission.
2. In the design of a “rural open space” parcel within a rural cluster subdivision,
no more than 50% of the total required rural open space parcel shall consist of
lands classified as 100 year floodplain, stream valleys, wetlands, water
features, slopes greater than 25%, or utility easements.
3. Upon approval and recordation of the rural cluster residential subdivision on a
portion of that property of record, there shall be no further subdivision of a
“rural open space” parcel or any other residual parcel of a property of record
on the adoption of the date of this ordinance
4. In cases where a “rural open space” parcel is to be provided within land zoned
“R-F”, such open space shall be preserved for its intended purpose as shown
on the approved master plan and shall be established by metes and bounds on
the final record plat. Without the right of further subdivision, the “rural open
space” parcel and other common properties shall be owned, administered, and
maintained by either: (a) an individual owner (with one residential
development right retained); or (b) a property owners’ association, provided,
however, that a portion or all of such properties may be dedicated to the
County subject to and at the sole discretion of the County for acceptance at
time of plat recordation. The property owners’ association bylaws, articles of
incorporation and restrictive covenants shall be submitted with any
application for subdivision plat approval. Prior to final approval of a
subdivision plat which includes properties to be owned by a property owners’
association, the County Attorney shall review and approve the bylaws, articles
of incorporation and restrictive covenants.
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5. For “rural open space” parcels and common properties that are to be retained
by the property owners’ association, the applicant or owner of the subdivision
must establish the owners’ association as a bona fide legal entity prior to the
recordation of the final record plat. Membership in the association shall be
mandatory for all subsequent owners. The property owners’ association shall
own all common open space and recreational facilities and shall provide for
their perpetual maintenance, administration and operation to the satisfaction of
the residents of the subdivision and to the County.
6. Vehicular and pedestrian access easements to any rural cluster residential lot
which cross a “rural open space” parcel must be recorded on the final record
plat, with the record plat stipulating ownership and maintenance requirements
for the access easement. Such access easements shall be located in such a
manner as not to deter from the utilization of the “rural open space” parcel for
bona fide agricultural, forestry or rural area objectives.
7. A “rural open space” parcel may contain easements for private well and septic
systems which inure to the benefit of an individual residential lot owner
within the subdivision. Such easements with appropriate access thereto for
maintenance purposes shall be platted and recorded with the final subdivision
plat. In cases with more than one property owner jointly benefits from the use
of an easement on land within the “rural open space” parcel, cross easements
shall be provided.
H. Final/Site Plan
1. The final plat or site plan for a project shall graphically depict the location and
calculate the area for the individual “physical land units,” as defined by
Chapter 2, Paragraph J.3.
I. Rural Residential Cluster Subdivisions
1. The rural residential cluster subdivision lot in the R-F District shall have a
minimum size of one and one-half (1.5) acres and shall not exceed five (5)
acres, provided that the following residential lot design guidelines be applied:
a. each lot have usable area for outdoor uses associated with a single family
residence.
b. the portions of each lot where residences and outbuildings are to be
located do not encroach into areas of critical slopes, sensitive
environmental areas, and floodplains.
c. each lot shall have an average length-to-width ratio which does not exceed
3:1.
d. each lot shall have adequate primary and reserve sanitary sewer drain field
capacity.
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e. each lot shall be fenced or screened in such a way as to define its limits
relative to the “rural open space” parcel.
f. each lot within the subdivision shall have platted access easements or
rights of way to an existing public right of way.
g. each lot shall be located and configured so as to adhere to rural
subdivision lot development guidelines as may be contained in the
Comprehensive Plan.
h. the siting of each residential dwelling and lot shall be consistent with the
approved special use permit application plan, if required.
2. Each rural cluster residential lot shall be designed in such a configuration that
no more than a total of twenty-five percent (25%) of the prescribed minimum
lot area is comprised of one or more of the following physical land units: (a)
slopes 35% or greater; (b) ponds, streams, rivers and wetlands; (c) 100-year
floodplains; and (d) utility easements.
3. Access to a rural conservation/subdivision lot should be from an internal
access easement or public right of way serving other lots within the
subdivision. Unless determined to be not practicable, a new rural cluster
residential lot shall not have direct access to a public street or highway which
is in existence as of the date of adoption of this ordinance. Rural cluster
residential lot frontages and access shall be to a new public right of way or
private access easement developed in accordance with the requirements of this
ordinance and other County and State requirements.
4. Each rural cluster residential lot shall have sufficient space provided either onsite or within the “rural open space” parcel for: (a) a primary sanitary drain
field site to serve the specific dwelling unit; and (b) a reserve drain field site
equal in size to the primary drain field site to serve as a replacement drain
field in the event of failure of the primary drain field. Both the primary and
secondary drain field site must be approved by the County and State in
conjunction with and prior to recordation of the final plat for the residential
lot. The location of the primary and secondary drain fields shall be shown and
recorded as an easement on the subdivision plat, provided that such Planning
Director, at his/her sole discretion, may require an engineering and geology
study for any planned private sewer systems and sanitary drain fields which
are either; (a) intended to be located on a “rural open space” parcel; or (b)
intended to serve more than one residential dwelling.
5. The Planning Commission, in consideration of a special permit application to
increase the maximum number of rural cluster lots permitted on properties of
record, shall evaluate the special use permit master plan on the basis of quality
of site design and approach to: (a) creative rural cluster subdivision design
complementary to the physical characteristics of the development parcel; (b)
extent of watershed and water resource protection; (c) siting of individual
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planned residential dwellings on lots; (d) extent of preservation of mountain
areas; (e) elimination of access to existing public highway and streets to
individual lots; (f) extent and utilization of “rural open space” parcels for bona
fide outdoor recreational, agricultural or forestry uses; (g) approach to
sustaining character of sensitive environmental areas; (h) approach to
provision of enhanced erosion and sediment controls and Best Management
Practices; (i) VDOT road and street design standards; and (j) consistency with
the goals, objectives and principles of the Comprehensive Plan.
J. Additional Regulations:
1. A residential lot shall have no more than one vehicular access point (i.e.,
driveway) directly onto a public street or highway in existence as of the
adoption date of this ordinance.
2. Temporary events not otherwise a permitted use may be allowed pursuant to a
Temporary Event Permit for specified time period. The application for such a
permit shall be submitted on a form provided by the Planning Director. The
Planning Director may issue the permit upon his determination that: (1) all
regulations of other agencies are satisfied; (2) the event does not unreasonably
interfere with the use of surrounding properties; and (3) the use of a temporary
permit is not for the purpose of circumventing other provisions of this
ordinance.
3. Refer to Landscape and Screening Regulations, Chapter 9, for landscaping,
screening and buffer yard provisions.
4. Refer to Parking and Loading Requirements, Chapter 8, for parking and
loading regulations.
5. Refer to the County’s design and construction standards, VDOT requirements
for public subdivision streets, and the County’s private street and driveway
standards.
5. Any subdivision or lot which is proposed to be developed on land containing
shrink/swell soils or soils with engineering limitations shall require a geotechnical
report to be submitted with the plat and plans. Such report shall be prepared by a
registered professional engineer and shall address the feasibility of development on
the underlying geology and soils. All recorded plats for lots containing sinkholes or
shrink/swell soils shall bear the following note:
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“This lot contains soils which require special engineering design
for foundations and structural elements. No structure will be
approved for issuance of a building permit until a foundation
engineering design prepared by a certified professional engineer
has been approved for the proposed structure.”
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Chapter 3.B
Rural Residential District, R-R
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Chapter 3.B
Rural Residential District, R-R
A.
Purpose and Intent
The R-R, Rural Residential District, is intended to implement the Rural Residential land
use designation and the Rural Village designation of the County’s Comprehensive Plan.
It is the intent of this district to accommodate modest levels of residential development as
well as limited non-residential supporting uses in outlying areas which are located outside
the growth areas designated as Development Models and which are not programmed for
public infrastructure and facilities. The R-R District is intended to be complementary to
the surrounding R-F zoned areas. The R-R District also may be applied to implement
both compatible and supporting convenience-level retail, office, service and restaurant
uses within the Rural Residential development model areas as designated by the
Comprehensive Plan.
A fundamental objective of the R-R District is to promulgate well organized, low-density
residential and non-residential uses within carefully selected locations in the rural areas,
employing the commonly accepted “rural by design” principles addressed in the
Comprehensive Plan. The R-R District is intended to attract and absorb residential land
uses which may not be directly supportive of active agricultural and forestry activities.
The district is not to be applied to higher density development which is otherwise planned
to be located within the areas designated as Development Models where the County will
concentrate its efforts to plan for and provide public services, utilities and other
infrastructure. Thus, the R-R District should be employed to implement low density
residential uses as well as modest scaled, non-residential uses in areas envisioned for the
Rural Residential development model, but where public water, sewer and other urban
infrastructure is not available.
The R-R District can be employed to define the zoning for individual, small scale
commercial, office and service uses in rural residential locations suitable for
Neighborhood Mixed Use Development Model designation but which are premature for
rezoning to the N-R District. Such non-residential uses shall require a special permit and
shall not exceed 3000 square feet of building area coverage.
R-R District residential subdivisions of land must be sensitive to the physical scale and
attributes of the surrounding rural areas. Cluster residential development recognized as
the preferred form of parcel subdivision and is strongly encouraged as a by right use
within the R-R District. The rezoning of rural land for large subdivisions is not
encouraged in this district.
Recognizing that many rural and conservation area properties of record exist in Nelson
County, the baseline density for any by right subdivision is capped regardless of property
acreage. For new major residential subdivisions, the minimum lot size is five (5) acres.
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Five minor lot divisions are permitted with a minimum lot size of three (3) acres each,
which otherwise meets all other district zoning requirements and which is of record as of
the date of adoption of this ordinance. Cluster residential subdivisions may have a
maximum of ten (10) by right development rights per parcel.
An applicant may seek to increase the residential development rights within a cluster or
subdivision but shall be subject to a special use permit process. The applicant must
clearly demonstrate that an increase in density would not conflict with the Rural
Residential Village planning objectives for a specific location, taking into consideration
the impact of increased residential density, the scope and scale of non-residential uses,
requirements for public services, transportation access and road capacity, environmental
and historic preservation issues, and other relevant community impacts.
Each R-R District residential subdivision must provide an “open space” parcel within the
development. The subdivision must be designed in such a manner as to maximize the
utility of the remaining open space tract for a bona fide recreational, agricultural, forestry
or open space purpose, while recognizing that the subdivision will receive a lower level
of public service delivery than what would be provided to residential development
located within the growth areas.
B. Permitted Uses
1. Single family detached dwelling or manufactured home on a permanent
foundation and subject to all requirements of this article applicable to single
family dwellings.
2. Cluster residential subdivision (not to exceed twelve [12] cluster residential lots).
3. Major residential subdivision
4. Minor residential subdivision (not to exceed five [5] residential lots).
5. Guest cottage or other single family detached unit for rental, provided that the lot
area, yard, setback and other requirements of this article shall be met for each use
whether or not such use is on an individual platted lot. In addition to the primary
residential unit, no more than one guest cottage or rental unit shall be permitted
on any lot. A guest cottage or rental unit may not house more than one family.
6. Accessory use to a residential structure, such as, but not limited to, detached
carport and garages, tool sheds, children’s playhouses and play structures and
doghouses.
7. Public park and playground.
8. Private swimming pool or tennis courts.
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9. General farming, agriculture, dairying and forestry, agricultural and forestry
product sales and services and tenant housing ancillary to agricultural operations.
10. Private horse stable, commercial horse stable.
11. Home occupation.
12. Temporary Yard sale and/or garage sale limited to three (3) times per month.
13. Public facilities, utilities and emergency services facilities, except those requiring
special use permit.
14. Rural village open space parcel.
15. Communications tower, electrical power substation, transmission lines and
related towers, subject to the regulations of Chapter 15 of this ordinance.
16. Community centers.
17. Non-commercial outdoor recreational activity as a secondary use associated with
and ancillary to the principal use of the lot, including hiking, hunting, boating,
horseback riding, swimming, skeet and trap shooting, shooting preserves and
fishing subject to other provisions of the County Code related to these activities.
18. Private, non-commercial outdoor recreation activity as a secondary use associated
with and ancillary to the principal use of the property, including hiking, hunting,
target or trap shooting, boating, horseback riding, swimming, and fishing. In this
connection, private, non-commercial clubs and associations, having either an
ownership or leasehold interest in a parcel, may enjoy the foregoing uses provided
such uses are not open to the public and are not commercial in nature.
19. Cemetery, family.
C.
Uses Permitted by Special Use Permit
1. Cluster residential subdivision (which exceeds twelve [12] cluster lots).
2. Minor residential subdivision (which exceeds five [5] lots).
3. Convenience retail, office, business service, personal service establishment, or
bank use; with gross floor area limited to 3000 square feet or less per
establishment and 6000 square feet per building.
4. Lodge, social club, hunting club or boat club.
5. Church or place of worship.
6. Library, museum, historic site or shrine.
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7. Bed and breakfast inn or country inn (as defined).
8. Public school, college, or private school.
9. Sawmill, temporary and permanent.
10. Dog kennel.
11. Veterinary clinic or animal hospital.
12. Cupolas, spires and steeples for public or semi-public use.
13. Accessory apartment within a residential dwelling.
14. Antique shop (as a secondary use within a single family dwelling).
15. Golf course or golf driving range.
16. Public recreation and leisure establishment.
17. Commercial game preserve or fishery.
18. Borrow pit or resource extraction.
19. Transfer station and recycling station.
20. Livestock sales facility.
21. Open air market or stand for farm, horticulture, craft, and produce sales
(temporary).
22. Cemetery, commercial.
23. Child or adult day care facility.
24. Group home or home for developmentally disabled persons (per Code of
Virginia.)
25. Restaurant.
26. Gas or oil transmission line.
27. Commercial winery, with retail limited to wine sales on premises.
28. Private or commercial camp or conference facility.
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29. Equestrian center or recurring horse show or equestrian event.
30. County fair or public festival.
31. Commercial firing ranges or shooting or gun club facility, whether private or open
to the public.
32. Modification of minimum lot size, density, yard, height and bulk regulations for
non-residential use.
33. Modification of minimum “open space” parcel size and criteria governing parcel
configuration for a cluster residential subdivision.
34. Intentional communities
D.
Maximum Rural Residential Village Density
1. Major residential subdivision for property of record as of the date of adoption
of this ordinance:
One (1) dwelling unit per five (5) acres, not including residue.
2. Minor Residential Subdivision for a property of record as of the date of
adoption of this ordinance:
One (1) dwelling unit per three (3) acres provided that a subdivision shall not
exceed a total of five (5) residential lots by right, not including residue.
One (1) dwelling unit per two (2) acres with water and sewer, provided that a
subdivision shall not exceed a total of five (5) residential lots by right, not
including residue.
3. Cluster residential subdivision density for a property of record as of the date
of adoption of this ordinance:
One (1) dwelling unit per two (2) acres, with a maximum of twelve (12)
cluster lots.
In addition to the maximum Rural Residential cluster residential lots, a “rural
residential open space parcel” shall retain one residential development right.
4. Non-residential density: to be established by special use permit, provided that
in the determination of minimum non-residential lot size in the absence of
public water or sewer, the applicant must establish the lot size in consideration
of the environmental characteristics of the land for private well or septic
systems and shall provide supporting evidence of: (a) the availability of
adequate ground water supply and well system design; and/or (b) adequate lot
area to provide for a primary and reserve drain field site.
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5. Parcels with less than five (5) acres (for a property of record as of the date of
adoption of this ordinance): One (1) dwelling unit, provided that minimum bulk
dimensions and lot size requirements for the district are met.
E.
Lot Size Requirements
1. Minimum district size: per Official Zoning Map.
2. Minimum conventional residential lot area (gross): 5 acres
Minimum minor subdivision lot area (gross): 3 acres
Minimum residential cluster lot size (gross): 1.5 acres, without public water or
sewer, 20,000 square feet with public water and sewer.
Maximum residential cluster lot size (gross): 3.0 acres
Minimum “Rural Village open space” parcel size (gross): 5 acres or as
calculated by (3) below, whichever is greater.
Minimum non-residential lot size: 20,000 square feet, and otherwise as
established by special use permit.
Minimum family division lot: 2 acres.
3. “Rural Residential open space” parcels: A Rural Residential open space parcel
is required for any cluster lot residential subdivision. The residual “rural
residential open space” parcel which is part of a master plan for a cluster lot
residential subdivision must be platted and maintained for a bona fide
agricultural, forestry or conservation use. The “open space” parcel must have
an overall tract size-to-cluster lot size ratio of 1:1, or 1 acres of “open space”
parcel for each one (1) acre of land contained within the cluster residential lots
within the subdivision (exclusive of area contained in rights of way and access
easements.) The “open space” parcel must be a contiguous tract of land unless
otherwise approved by the Planning Commission.
The “rural residential open space” parcel may retain one residential
development right in addition to the number of permitted cluster residential
development rights on the balance of the property. If the residential
development right is to be retained or exercised, it shall be identified, platted
and approved at the time of the initial subdivision of the property.
The plat of record shall indicate that there shall be no further subdivision, or resubdivision of an “open space” parcel or any other residual parcel of a property
of record on the adoption of the date of this ordinance after the County’s
approval and subsequent recordation of the village cluster residential
subdivision on a portion of that property of record.
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4. Minimum lot width (major and minor lot):
a. Interior lot: 300 feet
b. Corner lot: 400 feet
5. Minimum lot width (cluster residential lot, without public water and sewer):
a. Interior lot: 150 feet
b. Corner lot: 200 feet
6. Minimum lot width (cluster residential lot, with public water and sewer):
a. Interior lot: 80 feet
b. Corner lot: 120 feet
7. Minimum lot depth:
a. Conventional lot: 300 feet
b. Cluster residential lot: 160 feet
F.
Bulk Regulations
1. Height
a. Residential building height: 45 feet
b. Public or semi-public building: 60 feet,
c. Non-residential building height 45 feet
d. Cupolas, spires and steeples: 75 feet
e. Accessory and farm buildings: 35 feet
2. Minimum yard requirements (conventional lots):
a. Front yard (served by a new private or public street): 60 feet
Front yard (served by an existing public street): 100 feet
b. Side yard: 50 feet
c. Rear yard: 50 feet
d. Accessory structure and uses: 30 feet
e. In addition to the above regulations, the yard requirements for uses and
structures other than residential dwellings and residential accessory uses shall
be further regulated by floor area ratio and lot coverage ratios. A maximum
floor area ratio equal to 0.20 shall apply to such uses and structures, with a
maximum percentage of lot coverage equal to 15%. The location of all such
uses shall be subject to site plan approval.
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3. Minimum yard requirements (cluster residential lots):
a. Front yard (served by a new internal street): 35 feet
Front yard (served by an existing public street): 60 feet by special use permit.
b. Side yard: 25 feet
c. Rear yard: 40 feet
d. Accessory structure and uses: 15 feet
e. Non-residential use yard requirements to be established by Special Use
Permit
f. In addition to the above regulations, the yard requirements for uses and
structures other than residential dwellings and residential accessory uses shall
be further regulated by floor area ratio, lot coverage ratios and minimum onsite parking requirements. A maximum floor area ratio equal to 0.25 shall
apply to such uses and structures, with a maximum percentage of lot coverage
equal to 20%. The location of all such uses shall be subject to special use
permit and site plan approval.
G.
“Rural Residential Open Space” Parcels
1. A “Rural Residential open space” parcel must be provided with any village
cluster residential subdivision. The “Rural Residential open space” parcel
which is part of a master plan for a cluster residential subdivision must be
platted and maintained for a bona fide recreational, open space, agricultural,
forestry, or conservation use compatible with the cluster subdivision. The
“Rural Residential open space” parcel must have a minimum open space sizeto-cluster lot size ratio of 1: 1, or 1 acres of “open space” for each 1 acre of
cluster lot. The “rural residential open space” parcel must be a contiguous
tract of land unless otherwise approved by the Planning Commission.
2. In the design of a “Rural Residential open space” parcel within a R-R cluster
subdivision, no more than 50% of the total required open space parcel shall
consist of lands classified as 100 year floodplain, stream valleys, wetlands,
water features, slopes greater than 35%, or utility easements.
3. Upon approval and recordation of the R-R cluster residential subdivision on a
portion of that property of record, there shall be no further subdivision of an
“Rural Residential open space” parcel or any other residual parcel of an open
space property of record on the adoption of the date of this ordinance
4. In cases where an “Rural Residential open space” parcel is to be provided,
such open space shall be preserved for its intended purpose as shown on the
approved master plan and shall be established by metes and bounds on the
final record plat. Without the right of further subdivision or utilization for a
residential use, the “Rural Residential open space” parcel and other common
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properties shall be owned, administered, and maintained by either: (a) an
individual owner (with one residential development right retained); or (b) a
not-for-profit, property owners association, provided, however, that a portion
or all of such properties may be dedicated to the County subject to and at the
sole discretion of the County for acceptance at time of plat recordation. The
property owner’s association by-laws, articles of incorporation and restrictive
covenants shall be submitted with any application for subdivision plat
approval. Prior to final approval of a subdivision plat which includes
properties to be owned by a property owners’ association, the County
Attorney shall review and approve the bylaws, articles of incorporation and
restrictive covenants.
5. For “Rural Residential open space” parcels and common properties to be
retained by the property owners’ association, the developer, owner, and
subdivider must establish the owners’ association as a bona fide legal entity
prior to the recordation of the final record plat. Membership in the association
shall be mandatory for all subsequent owners. The property owners’
association shall own all common open space and recreational facilities and
shall provide for their perpetual maintenance, administration and operation in
a manner satisfactory to the residents of the subdivision and to the County.
6. Vehicular and pedestrian access easements to any cluster residential lot which
cross a “Rural Residential open space” parcel must be recorded on the final
record plat, with the record plat stipulating ownership and maintenance
requirements for the access easements. Such access easements shall be located
in such a manner so as not to deter from the utilization of the “Rural
Residential open space” parcel for bona fide open space, recreational, and
other appropriate village area objectives.
H.
Final Plat/Site Plan
1. The final plat or site plan for a project shall graphically depict the location and
calculate the area for the individual “physical land units”, as defined by
Chapter 2, Paragraph J.3.
I.
Cluster Subdivision Standards and Criteria
1. The master plan for any R-R cluster residential subdivision shall demonstrate
that it complies with the following:
a. each lot have usable open space yard areas for outdoor uses associated with
a single family residence;
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b. each building site not encroach into areas of critical slopes, sensitive
environmental areas, floodplains;
c. each lot have adequate primary and reserve sanitary sewer drainfield
capacity; and
d. each lot shall be designed in such a configuration that no more than a total
of twenty five percent (25%) of the prescribed minimum lot area is
comprised of one or more of the following physical land units: (1) slopes
35% or greater; (2) wetlands; (3) 100-year floodplains; and (4) sinkholes or
outcroppings.
2. No cluster residential lot shall have direct access to a public street or highway
that is in existence as of the date of adoption of this ordinance. Access for
cluster residential lots shall be to a new public street or to a private access
easement serving more than one cluster residential lot with said public street
or private easement developed in accord with the requirements of this
ordinance. The Planning Commission, at its sole discretion, may grant a
waiver to this requirement if special physical or environmental circumstances
dictate.
3. Each residential cluster lot which is not served by both public water and sewer
facilities shall have sufficient lot area reserved for: (a) a primary sanitary drain
field site to serve the specific dwelling unit to be located on the lot; and (b) a
reserve drain field site to serve as a replacement drain field in the event of
failure of the primary drain field. Both the primary and secondary drain field
site must be approved by the County in conjunction with and prior to
recordation of the final plat for the residential lot. The location of the primary
and secondary drain fields shall be shown and recorded as an easement on the
subdivision plat, provided that such easements may be located on a “Rural
Residential open space” parcel. The Planning Director, at his/her sole
discretion, may require an engineering and geology study for any planned
private sewer systems and sanitary drain fields which are either: (a) intended
to be located on a “rural open space” parcel; or (b) intended to serve more
than one residential dwelling.
4. In consideration of a special use permit to increase the minimum number of
residential lots permitted on individual parcels, the Staff shall evaluate the
application within the context of the goals, objectives and principles of the
Comprehensive Plan. In making its determination, the Planning Commission,
upon evaluation of recommendations and findings from the Staff, shall
evaluate the application on the basis of quality and approach to: (a) a master
plan that establishes a creative cluster subdivision design complementary to
the physical characteristics of the parcel; (b) extent of watershed and water
resource protection; (c) siting of planned residential dwellings on lots; (d)
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extent of preservation of mountain areas and hillsides; (e) elimination of
access to existing public highway and streets to individual lots; (f) extent and
utilization of “open space” parcels for bona fide agricultural or forestry uses;
(g) approach to sustaining character of sensitive environmental areas; (h)
approach to provision of enhanced erosion and sediment controls and Best
Management Practices; (i) sensitivity to and compatibility with surrounding
rural or conservation land uses; (j) impact on existing public roads; (k) impact
on County infrastructure and facilities; and (l) the extent of proffered
conditions of the applicant for both on-site and off-site improvements.
J.
Additional Regulations
1. A residential lot shall have no more than one vehicular access point (ie.
driveway) directly onto a public street or highway in existence as of the
adoption date of this ordinance.
2. Temporary events sponsored by non-profit organizations which are related to
and supportive of the uses permitted in the R-F district shall be permitted
upon administrative review and approval by the Planning Director.
3. Refer to Landscape and Screening Regulations, Chapter 9, for landscaping,
screening and buffer yard provisions.
4. Refer to Parking and Loading Requirements, Chapter 8, for parking and
loading regulations.
5. Recreational vehicle parking shall not be permitted within front yard setbacks.
Such parking shall be screened from view from the residential street.
6. Refer to the County’s design and construction standards, VDOT requirements
for public subdivision streets, and the County’s private street and driveway
standards.
7. Any subdivision or lot which is proposed to be developed on land containing
shrink/swell soils or soils with engineering limitations shall require a
geotechnical report to be submitted with the plat and plans. Such report shall
be prepared by a registered professional engineer and shall address the
feasibility of development on the underlying geology and soils. All recorded
plats for lots containing sinkholes or shrink/swell soils shall bear the
following note:
“This lot contains soils which require special engineering design for
foundations and structural elements. No structure will be approved for
issuance of a building permit until a foundation engineering design
prepared by a certified professional engineer has been approved for
the proposed structure.”
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8. Temporary events not otherwise a permitted use may be allowed pursuant to a
Temporary Event Permit for specified time period. The application for such a
permit shall be submitted on a form provided by the Planning Director. The
Planning Director may issue the permit upon his determination that: (1) all
regulations of other agencies are satisfied; (2) the event does not unreasonably
interfere with the use of surrounding properties; and (3) the use of a temporary
permit is not for the purpose of circumventing other provisions of this
ordinance.
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Chapter 3.C
Neighborhood Residential District, N-R
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Chapter 3.C
Neighborhood Residential District, N-R
A.
Purpose and Intent
The N-R, Neighborhood Residential District is created to provide for residential
subdivisions which are compatible with the Comprehensive Plan’s goals for single
family, detached housing in the Development Areas. The average density of three units
per acre establishes the N-R District as the County’s highest density district for detached
single family residences. The N-R District may be applied to both undeveloped tracts and
infill situations within existing stable neighborhoods in appropriate Development Area
locations served by public utilities and infrastructure and as recognized by the Plan.
Cluster residential development shall be encouraged in the N-R District (by special
permit) in order to promulgate the County’s objectives for environmental preservation,
adequacy of open space and recreation areas, and enhanced quality neighborhood
improvements in new residential subdivisions. To promote cluster development,
provisions are included herein to permit cluster subdivisions with higher densities than
permitted within conventional subdivisions.
The N-R district shall require public water and sewer service, public streets, and walking
paths as minimum subdivision improvements. Recognizing prevailing storm drainage
problems in and around the County, new subdivision streets shall be constructed with
new innovative drainage conveyance systems and stormwater management facilities.
From an environmental standpoint, the objective of the N-R district shall be to preserve
existing natural features and vegetation, promote excellence in site planning and
landscape design, facilitate the efficient layout and orientation of public utilities and
community infrastructure, and encourage housing with compatible scale and character of
architecture. No more than one single family dwelling shall be permitted per subdivision
lot. No lots shall be permitted with private domestic wells or septic systems.
B.
Permitted Uses
1. Single family detached dwellings.
2. Accessory buildings and uses, limited to detached carport and garages, tool sheds,
children’s playhouses and play structures, swimming pool, tennis court,
doghouses, and accessory off-street parking and loading spaces.
3. Cluster residential subdivisions.
4. Home occupations.
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5. Communications tower, electrical power substation, transmission lines and related
towers, subject to the regulations of Chapter 15 of this ordinance.
6. Public parks and playgrounds.
7. Yard sale and/or garage sale (temporary).
Section 1.01 C.
Uses Permitted by Special Use Permit
1.
2.
3.
4.
5.
6.
7.
Accessory apartments.
Agriculture, forestry and horticultural uses (commercial).
Bed and breakfast inn, or tourist home.
Cemeteries (commercial).
Churches and places of worship.
Community centers.
Commercial swimming pools and tennis courts (except as may be approved on a
general development plan.)
8. Commercial recreational facilities.
9. Cupolas, spires and steeples for public and semi-public uses.
10. Libraries.
11. Museums, historic sites and shrines.
12. Nursery schools.
13. Private clubs and lodges.
14. Private community facilities, recreation uses and other common area
improvements normally associated with a planned residential development limited
to use by residents of the subdivision.
15. Public uses and utilities, including recycling centers.
16. Schools (public and private).
17. Temporary real estate marketing offices for new subdivisions.
18. Waiver of contiguous open space parcel requirement.
19. Waiver of lot, yard and setback requirements for zero lot line residential units or
other forms of residential housing which require such waivers, provided that all
applicable building and fire code regulations are satisfied.
20. Waiver of district size.
D.
Maximum Density
1. Conventional Subdivisions: Three (3.0) units per acre.
2. Cluster Subdivisions: Five (5.0) units per acre.
E.
Lot Size Requirements
1. Minimum district size: Five (5) acres
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2. Minimum lot area:
A.
B.
Conventional lot: 10,000 square feet
Cluster lot: 7500 square feet
3. Minimum lot width:
A.
Conventional lot:
1.
2.
B.
Interior lot: 80 feet
Corner lot: 100 feet
Cluster lot:
1.
2.
Interior lot: 60 feet
Corner lot: 90 feet
4. Minimum lot depth:
A.
Conventional lot:
1.
2.
B.
Cluster lot:
1.
2.
F.
Interior lot: 120 feet
Corner lot: 100 feet
Interior lot: 90 feet
Corner lot: 90 feet
Bulk Regulations
1. Height
A.
B.
C.
D.
E.
Residential building height: 35 feet
Public or semi-public building: 45 feet, provided that required front, rear,
and side yards shall be increased by 1 foot for each foot of height over
thirty-five feet.
Cupolas, spires and steeples (by special permit): 90 feet.
Accessory buildings: 24 feet
Non-residential buildings: 35 feet
2. Minimum yard requirements:
A.
Conventional lot:
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1.
2.
3.
4.
B.
Cluster lot:
1.
2.
3.
4.
C.
Front yard: 30 feet
Side yard: 15 feet
Rear yard: 35 feet
Accessory uses: 5 feet
Front yard: 25 feet
Side yard: 6 feet
Rear yard: 25 feet
Accessory use: 5 feet
In addition to the above regulations, the yard requirements for uses and
structures other than residential dwellings and residential accessory uses
shall be further regulated by floor area ratio and lot coverage ratios.
A maximum floor area ratio equal to 0.25 shall apply to such nonresidential uses and
structures, with a maximum percentage of lot building coverage equal to 20%. The
location of all such nonresidential uses shall be subject to site plan approval.
G.
Landscaping, Open Space and Recreation Areas
1. In subdivisions approved for cluster development, twenty percent (20%) of the
gross area of the subdivision shall be common open space dedicated to common
usage and ownership. Twenty-five percent (25%) of the required open space area
shall be developed as active recreational and active community open space, as
defined.
2. In conventional subdivisions with 25 or more lots, ten percent (10%) of the gross
site area shall be common open space dedicated to common usage and ownership.
Fifty percent (50%) of the required common open space area shall be developed
as active recreational and active community open space, as defined.
3. For cluster and conventional subdivisions, no more than 50% of the required
common open space shall consist of land classified as 100 year floodplain, stream
valleys, wetlands, water features, slopes greater than 25%, and/or drainage
easements.
4. Required open space shall be contiguous and shall occupy a single parcel within
the subdivision unless otherwise approved by the Planning Commission.
5. In no instance shall open space credit be given for lands which are included in or
reserved for public rights of way or private access easements, loading areas,
required sidewalks or parking areas.
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6. Open space shall be accessible to all residential lots within the subdivision via
dedicated pedestrian access easements. Where bike and pedestrian trails intended
for public use have been designated by the Comprehensive Plan or adopted plan,
access easements shall be provided, where appropriate, within the subdivision to
link these trails to common open space areas.
7. All open space shall be further regulated by landscaping requirements.
8. All common open space, recreational areas and other common properties shall be
preserved for their intended purpose as shown on the approved General
Development Plan and shall be established by metes and bounds on the Final
Subdivision Record Plat.
9. Common open space, recreational areas and other common properties shall be
owned, administered and maintained by a not-for-profit, property owners’
association, provided, however, that a portion or all of such properties may be
dedicated to the County subject to and at the sole discretion of the County for
acceptance at time of plat recordation. Property owners’ association by-laws,
articles of incorporation and restrictive covenants shall be submitted with any
applicationfor subdivision plat approval. Prior to final approval of a subdivision
plat including properties to be owned by a property owners’ association, the
County Attorney shall review and approve the bylaws, articles of incorporation
and restrictive covenants.
10. For open space, recreational areas and other common properties to be retained by
the property owners’ association of a subdivision, the initial developer/owner of
the subdivision must establish the owners’ association as a legal entity prior to the
recordation of the final plat. Membership in the association shall be mandatory for
all lot owners within the subdivision. The owners’ association shall own all
common open space and recreational facilities and shall provide for their
perpetual administration, maintenance and operation.
11. Supplemental open space and recreation requirements apply to N-R District uses
when included as a designated zoning district in a PCD Overlay District.
H.
Final Plat/Site Plan
1. The final plat or site plan for a project shall graphically depict the location and
calculate the area for the individual “physical land units”, as defined by Chapter
2, Paragraph J.3
2. No N-R District lot shall be designed or employed for use in which an area more
than 25% of the prescribed minimum lot area is comprised of one or more of the
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following physical land units: (a) slopes 35% or more, (b) wetlands, (c) 100-year
floodplains, (d) sinkholes, and (e) water features.
I.
Additional Regulations
1. Refer to Landscaping Regulations for screening and buffer yard provisions in
the N-R District.
2. Refer to the Floodplain Zoning Overlay District, where applicable.
3. Recreational vehicle parking shall not be permitted within front yard and side
yard setbacks.
4. No private domestic well and septic systems shall be permitted to serve any
residential unit.
5. Any subdivision or lot which is proposed to be developed on shrink/swell soils or
soils with engineering limitations shall require a geotechnical report to be
submitted with the preliminary plat and plans. Such report shall be prepared by a
registered professional engineer and shall address the feasibility of development
on the subject soils. No subdivision plat or site plan shall be approved for final
recordation until a foundation engineering report has been reviewed by the
County.
All recorded plats for lots containing soils with engineering limitations shall bear the
following note:
“This lot contains soils which require special engineering design for
foundations and structural elements. No structure will be approved for
issuance of a building permit until a foundation engineering design
prepared by a certified professional engineer has been approved for the
proposed structure.”
6. Refer to the Design and Construction Manual for additional design standards
and criteria.
7. All special uses within the N-R District shall require a preliminary site plan for
special use permit approval.
8. Refer to Sign Regulations for signage provisions.
9. For subdivisions to be located in the C-O, Corridor Overlay District, see
additional regulations contained therein.
10. Additional regulations may apply when the N-R District is incorporated as a
designated zoning district in a PCD Overlay District. Refer to the PCD Overlay
District regulations.
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Chapter 3.D
Attached and Multifamily Residential District, A/M-R
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Chapter 3.D: Attached and Multifamily Residential District,
A/M-R
A.
Purpose and Intent
The A/M-R District is intended for use in locations compatible with the Comprehensive
Plan’s goals for high density residential development in Nelson County where public
water, sewer and adequate transportation facilities are available. Development within this
district should apply “smart growth” measures, with land use being organized around one
or more of the Comprehensive Plan’s Development Models.
The A/M-R District is created to provide for attached and multifamily residential
dwellings such as townhouses, cluster houses, duplexes, garden and mid-rise apartments,
condominiums, and other similar forms of higher density residential units. Retirement
residential projects, independent living communities, nursing homes and housing for
persons requiring assisted living care are encouraged under this district. Single family
detached residential dwellings may be permitted provided that they constitute no more
than twenty five percent of the units in the district.
The maximum allowable development density and lot size characteristics within the
district respects the differences between commonly accepted planning and site design
principles for townhouse and multifamily housing. The maximum townhouse density of
eight (8) dwelling units per acre is differentiated from the 14 units/acre permitted for
multifamily housing. Further, no more than five (5) unrelated occupants may reside in
any given residence within this district.
The A/M-R District may be applied to both infill lots and undeveloped properties lying
within the County’s designated Development Areas, with the objective of preserving
existing natural features and vegetation, promoting excellence in site planning and
landscape design, creating self-sustaining neighborhoods and recreational areas, and
encouraging housing with compatible scale, materials and character of architecture.
Development in the A/M-R District shall be (1)sensitive to land physiography, (2)
provide of adequate public infrastructure and ensure the development of quality
transportation improvements, (3) designed for the optimal siting of dwellings, recreation
areas, community facilities and open space, and (4) respect the Development Area
planning goals for Nelson County.
B.
Permitted Uses
1. Attached residential (townhouse) dwellings.
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2. Duplex residential dwellings (one dwelling per subdivided lot).
3. Two family residential dwellings (two dwellings per lot, with common party
wall.)
4. Multiple family residential dwellings.
5. Accessory uses, to include tool sheds, detached garages and carports, children’s
playhouses, doghouses and accessory off-street parking and loading spaces.
6. Private community facilities, recreation uses and other common area
improvements normally associated with a planned residential development limited
to use by residents of the subdivision.
7. Single family detached residences, subject to all N-R District regulations,
provided that such residences do not comprise more than 25% of the total planned
residential units depicted on the General Development Plan approved with the
rezoning of the property.
8. Communications tower, electrical power substation, transmission lines and related
towers, subject to the regulations of Chapter 15 of this ordinance.
C. Uses Permitted by Special Use Permit
1.
2.
3.
4.
5.
6.
7.
8.
Bed and breakfast inn, or tourist home.
Cemetery (private or commercial).
Churches and places of worship.
Commercial swimming pools and tennis courts.
Commercial recreational facilities.
Congregate care facility.
Day care centers (adult and child).
Golf course, but not including a par 3 course, miniature golf course or driving
range.
9. Home occupations.
10. Multifamily housing for the elderly and assisted living residences requiring
medical facilities, nursing care and/or food support structures.
11. Museum, and historic site and shrine.
12. Nursery schools.
13. Storage lots for recreational vehicles (except as part of a planned development).
14. Private clubs and lodges.
15. Public uses and facilities.
16. Pump stations, utility sub-stations, transformers and public infrastructure.
17. Recycling centers (for use by the A/M-R District residents only).
18. Schools, colleges and universities (public or private).
19. Temporary real estate marketing offices for new subdivisions.
20. Modification of minimum lot areas.
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21. Modification of minimum district size.
22. Modification of residential building height.
23. Modification of minimum district size.
24. Community centers.
D. Maximum Density:
1. Multifamily dwellings (conventional):
Fourteen (14.0) dwelling units per acre.
2. Multifamily dwellings (proffered for age-restricted and assisted living residential
dwellings): Twenty (20.0) dwelling units per acre.
3. Attached dwellings:
Eight (8.0) dwelling units per acre.
4. Single family dwellings: See N-R District regulations.
5. No more than five (5) unrelated occupants permitted per dwelling unit.
E. Lot Size Requirements:
1. Minimum district size: Five (5) acres
2. Minimum lot area for attached (townhouse) dwellings:
A.
Interior lot: 1600 square feet
B.
Corner lot: 2400 square feet
C.
Condominium:
See Additional Regulations for A/M-R District
3. Minimum lot area for duplex dwellings:
A.
B.
Interior lot: 4000 square feet
Corner lot: 4500 square feet
4. Minimum lot area for two-family lot (2 attached units/lot, with common party
wall):
A.
B.
Interior lot: 8000 square feet
Corner lot: 9000 square feet
5. Minimum lot width for attached (townhouse) dwellings:
A.
B.
Interior lot: 18 feet
Corner lot: unit width plus applicable yard regulations; governed by side
yard regulations.
C.
Condominiums:
See Additional Regulations for A/M-R District
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6. Minimum lot width for duplex dwellings (2-family, with common party wall):
A.
Interior lot: 35 feet,
B.
Corner lot: unit width plus applicable yard regulations; governed by side
yard regulations.
7. Minimum lot width for two-family lot (2 attached units/lot, with common party
wall):
A.
B.
Interior lot: 70 feet
Corner lot: 80 feet also subject to additional side yard regulations.
8. Minimum lot area and width for multifamily dwellings: Not regulated, provided
that dwellings must be appropriately sited to respect physiographic, air, solar,
landscape, screening and environmental characteristics of lot and their
relationship to adjoining properties, as well as other criteria provided in the
Additional Regulations of this district.
9. Other: Where a lot is to be subdivided into individual lots for the sale of single
family attached dwelling units, including two-family dwellings:
A.
Lot lines shall conform with party wall centerlines, and
B.
Each lot shall be required to include a rear privacy yard with a minimum
area of 200 square feet. The design of the privacy yard shall be detailed on
the final site plan and shall include provisions for screening, fencing,
paving, exterior lighting, and/or special landscaping treatment. The
requirement for a privacy yard may be waived by the Planning
Commission in cases where garages are incorporated into residential units
with garage entrances located on the rear elevation of the building and
with access from an alley or street.
10. Non-residential uses: The yard requirements for uses and structures other than
residential dwellings and residential accessory uses shall be further regulated by
floor area ratio and lot coverage ratios. A maximum floor area ratio equal to 0.30
shall apply to such non-residential uses and structures, with a maximum
percentage of building coverage on the lot equal to 25%. The location of all such
uses and lot size requirements shall be subject to site plan approval.
F. Bulk Regulations
1. Maximum building height
A.
B.
Townhouse, duplex and two-family building height: 40 feet
Multifamily building height: 60 feet
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2.
C.
Public or semi-public building: 60 feet,
D.
Cupolas, spires and steeples: 90 feet,
by special permit.
E.
Accessory buildings: 16 feet
Minimum yard requirements for attached, duplex and two-family
dwellings:
A.
Front yard: 20 feet, for any yard fronting a public right of way.
Ten (10) feet, for any yard fronting a private travelway and/or parking
bay, provided that the minimum yard depth be measured from the face of
building to either (1) the back of vehicular pavement curbing or (2) the
back of sidewalk if located between building and vehicular pavement
curbing, whichever dimension is closer to the building front.
20 feet, for any yard fronting a private travelway and/or parking bay
serving a residential dwelling with a garage.
B.
Side yard: 15 feet, for any side yard fronting a public right of way.
12 feet, for any side yard abutting a private travelway and/or parking bay.
10 feet, for any side yard abutting an adjacent lot line or common access
easement.
C.
Rear yard: 25 feet, provided that the Commission may waive rear yard
requirements where special design considerations are implemented for
housing with rear garage access from private alleys or streets.
3. Minimum yard requirements for multifamily dwellings:
A.
Front yard: 25 feet, for any yard fronting a public right of way.
15 feet, for any yard fronting a private travelway and/or parking bay,
provided that the minimum yard depth be measured from the building to
either (1) the back of vehicular pavement curbing or (2) the back of
sidewalk if located between building and vehicular pavement curbing,
whichever is closer.
B.
Side yard: 15 feet, provided that where a side yard fronts a public right of
way, the side yard shall be 25 feet.
C.
Rear yard: 25 feet
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4. In addition to the above regulations, the yard requirements for uses and structures
other than residential dwellings and residential accessory uses shall be further
regulated by floor area ratio and lot coverage ratios. A maximum floor area ratio
equal to 0.30 shall apply to such non-residential uses and structures, with a
maximum percentage of building coverage on the lot equal to 20%. The location
of all such uses shall be subject to site plan approval.
G.Open Space and Recreation Areas
1. A minimum of twenty percent (20%) of the gross site area shall be common open
space dedicated to common usage and ownership.
2. A minimum of fifty percent (50%) of the required common open space area shall
be developed as active recreational areas and facilities.
3. Active recreational areas may include playgrounds with recreational structures, tot
lots, tennis courts, swimming pools,wading pools, spas and saunas,
clubhouse facilities, community meeting rooms, recreation facilities for the
elderly (as required), and other similar facilities intended for the exclusive use and
participation of residents within the A/M-R District development. The applicant
shall establish that the type and quality of the planned improvements for the
active recreation space shall satisfy the needs of the residents of the project. The
location, mix, type, quality and phasing of active recreation facilities and open
spaces shall be delineated on the General Development Plan and are subject to
Planning Commission approval. A bond may be required for such improvements
and facilities at the discretion of the Planning Commission.
4. No more than 40% of the required common open space area shall consist of land
classified as 100 year floodplain, stream valleys, wetlands, water features,
stormwater management facilities, slopes greater than 35% and/or drainage
easements.
5. Required common open space shall be contiguous and shall occupy a single
parcel within the A/M-R development unless otherwise approved by the Planning
Commission.
6. In no instance shall open space credit be given for lands which are included in or
reserved for public rights of way or private travelways, loading areas, sidewalks
or parking areas.
6. Open space and active recreational areas shall be accessible to all attached
residential lots within the development via dedicated pedestrian access easements.
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Walkways and other forms of pedestrian access shall form an interconnected
system within the A/M-R District, serving as access to open space, recreational
areas and other pedestrian destinations. Pedestrian systems shall be delineated on
the General Development Plan.
8. Where community bike and pedestrian trails intended for public use have been
designated by the Comprehensive Plan or other adopted plan by the County, the
applicant shall connect interior pedestrian trails and sidewalks within the project,
where appropriate, to these community trails and to commercial areas, where
appropriate.
9. All open space shall be further regulated by landscaping requirements.
10. All common open space, recreational areas and other common properties shall be
preserved for their intended purpose as shown on the approved Plan of
Development and shall be established by metes and bounds on the Final
Subdivision Record Plat.
11. Common open space, recreational areas and other common properties
shall be owned, administered and maintained by a not-for-profit, property owners’
association, provided, however, that a portion or all of such properties may be
dedicated to the County subject to and at the sole discretion of the County for
Property owners’ association by-laws, articles of incorporation, restrictive
covenants and a schedule of maintenance shall be submitted with any application
for subdivision plat or site plan approval.
12. For open space, recreational areas and other common properties to be retained by
the property owners’ association of a subdivision, the initial developer/owner of
the subdivision must establish the owners’ association as a legal entity prior to the
recordation of the final plat. Membership in the association shall be mandatory for
all lot owners within the subdivision. The owners’ association shall own all
common open space and recreational facilities and shall provide for their
perpetual administration, maintenance and operation.
H.
Final Plat/Site Plan
1. The final plat or site plan for a project shall graphically depict the location
and calculate the area for the individual “physical land units”, as defined by
Chapter 2, Paragraph J.3.
2. No A/M-R District lot shall be designed or employed for use in which an area
more than 25% of the prescribed minimum lot area is comprised of one or more
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of the following physical land units: (a) slopes 35% or more; (b) wetlands; (c) 100year floodplains; (d) sinkholes; and (e) water features.
4. Supplemental open space and recreation requirements apply to A/M-R District
uses when included as a designated zoning district in a PCD Overlay District.
I. Additional Regulations
1. Modification of Minimum District Size: The Planning Commission may approve
a special permit modifying the five acre minimum district size requirement for the
A/M-R District provided that the owner shall successfully demonstrate that
consolidation with contiguous parcels or lots necessary to meet minimum district
size represents an undue economic hardship or physical impossibility. Further, the
owner shall establish that such proposed A/M-R development will have no
deleterious effect on contiguous properties while satisfying the purpose and intent
of the district.
2. Refer to Parking and Loading Requirements.
A.
Parking spaces for each dwelling unit shall be assigned and located within
close proximity to the individual dwelling unit served.
B.
Separate parking spaces shall be allocated and reserved within an A/M-R
development for recreational vehicle parking on the basis of one (1)
recreational vehicle parking space per four (4) dwelling units. No
recreational vehicle parking space shall front on a public street.
C.
ADA (American Disabilities Act) parking requirements and dimensions
shall be incorporated as a required improvement into all plats and site
plans.
D.
Recreational vehicle parking shall not be permitted on residential lots
within the A/M-R District. Refer to Parking and Loading Requirements
for parking regulations and specific requirements for common parking lots
for recreation vehicle and boat storage.
3. Private Travelways, Combined Travelways with Parking Bays and General
Access:
A.
All dwellings shall have access to a private travelway providing for twoway traffic on a minimum of (10) foot width per individual travel lane
(plus curb and gutter) or a minimum of 12 foot travel lane (without curb
and gutter), within a private access easement of sufficient width to
incorporate travel lanes, parking bays, and sidewalks, and to be recorded
with the subdivision plat. Wider travel lanes may be required by the
Planning Commission where traffic volumes on such travelways warrant
such an increase in width.
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B.
Travelways combined with single-loaded perpendicular parking bays shall
be a minimum paved width of 40 feet, 18 feet of which shall be allocated
to and striped for parking. Travelways combined with double loaded
perpendicular parking bays shall maintain a minimum width of 58 feet
(curb to curb), with 18 feet allocated to the depth of each parking bay
space. Travelways for two-way traffic may have parallel parking, provided
that each travel lane of (10) foot width per individual travel lane (plus
additional width of curb and gutter) or a minimum of 12 foot travel lane
(for sections without curb and gutter) and parallel parking spaces shall be
a minimum of 7 feet x 22 feet.
C.
Private travelways and combined travelways with parking bays shall be
constructed to geometric and pavement design standards as specified by
the County’s Design and Construction Standards manual, as revised.
D.
All travelways and parking aisles and bays shall be constructed with
VDOT CG-6, CG-2 or an approved equivalent curb and gutter or header
curb.
E.
No attached or multifamily dwelling unit may be accessed directly from a
public street unless approved by special permit, provided, however, that
on-street parallel parking within a public right of way may be permitted,
subject to final site plan approval.
4. Refuse and Solid Waste Buffering and Screening
A.
All refuse facilities shall be completely enclosed and screened.
5. Additional Setback and Lot Requirements
A.
Where adjacent properties are zoned to an agricultural or residential
district other than the A/M-R District, all residential buildings shall be set
back at least 25 feet from the common district property line(s) or as
otherwise provided by screening and buffer requirements.
B.
Front lot lines shall be common with private vehicular access easement
lines, provided that where a perpendicular parking stall, recreational
feature and/or a sidewalk intended for common usage are located outside
of the private vehicular access easement, a minimum landscaped front
yard of 12 feet shall be provided.
6. Separation and Grouping of Units:
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A.
B.
C.
D.
E.
Building structures for attached and multifamily residential dwelling units
shall be separated from one another by a minimum of 10 feet, or as
otherwise required by building and fire codes.
No more than eight (8) single-family attached units (townhouses) should
be included in any one physically contiguous grouping.
Townhouse and apartment architectural elements, including projections,
off-sets, window bays, canopies, porches, mixed materials and colors and
other design elements, should be of a unified architectural theme.
Unless architectural design rationale is provided to the contrary, the
architectural treatment of attached and multifamily dwellings should vary
so that no more than two abutting units are substantially the same and so
that no more than four units in any group are substantially the same.
Schematic architectural plans, including building elevations, shall be
submitted with any application for rezoning.
7. Required Improvements and Maintenance of Improvements
A.
For any development in the A/M-R District, all common area
improvements (including open space, recreational facilities, private
travelways, walkways, parking areas and other community facilities) shall
be maintained by and at the sole responsibility of the developer-owner of
the A/M-R District development until such time as the developer-owner
conveys such common area to a non-profit property owners’ association
entity consisting of the individual owners of the dwelling units in the
development.
B.
On-site lighting, signing and mailboxes (as approved by the U.S. Postal
Service) shall be provided by the owner-developer of the A/M-R District
development. These improvements shall be of compatible scale, materials
and colors, the designs for which shall be provided with the final site plan.
8. Property Owners’ Association and Covenants
A.
Prior to final approval of a subdivision plat or site plan which includes
common properties or common property improvements to be owned by a
property owners’ association, the County Attorney shall review and
approve the applicant’s property owners’ association bylaws, articles of
incorporation, restrictive covenants and a schedule of common property
maintenance.
B.
Deed restrictions and covenants shall be included with the conveyance of
common property and common property improvements to include, among
other things, that assessments, charges and costs of maintenance of such
common areas shall constitute a pro-rata share lien upon the individual
dwelling lots, such lien inferior only to taxes and recorded trusts.
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C.
Restrictive covenants shall specify the detailed means by which the nonprofit entity shall govern and manage itself and maintain building
exteriors, landscaping, lighting, recreation areas, walkways, pedestrian
trails, parking areas, snow removal travelways and other common
elements of the development.
9. Additional Land Development and Site Plan Requirements
A.
All uses within the A/M-R District shall require a General Development
Plan for zoning and/or special permit approval. The General Development
Plan shall serve as the master land use plan for the specific development
proposal.
B.
The development of any and all sections within the A/M-R District shall
require site plan approval in conformance with the General Development
Plan.
C.
A Traffic Impact Assessment may be required for any A/M-R District
application by the Planning Director. The study shall be prepared in
accord with the guidelines and standards provided by the County.
D.
Refer to Landscaping Regulations for additional screening buffer yard and
open space landscaping provisions.
E.
Refer to the County’s Design and Construction Standards Manual for
additional residential design standards and criteria.
10. Condominiums
Any proposed condominium development established under the Condominium
Laws of Virginia shall be subject to the following provisions:
A.
B.
C.
All setbacks, density and other district provisions shall be met.
Minimum lot and yard requirements shall be met as if lot lines existed.
A site plan shall be required and shall govern the location of all site
structures and improvements on final plans.
11. No private domestic well and septic systems shall be permitted.
12. Any subdivision or lot which is proposed to be developed on shrink/swell soils or
soils with other engineering limitations shall require a geotechnical report to be
submitted with the preliminary plat and plans. Such report shall be prepared by a
registered professional engineer and shall address the feasibility of development
on the subject soils. No subdivision plat or site plan shall be approved for final
recordation until a foundation engineering report has been reviewed by the
County. All recorded plats for lots containing such soils shall bear the following
note:
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“This lot contains soils which require special engineering design for
foundations and structural elements. No structure will be approved for
issuance of a building permit until a foundation engineering design
prepared by a certified professional engineer has been approved for the
proposed structure.”
13. Additional regulations may apply when the A/M-R District is incorporated as a
designated zoning district in a PCD-O Overlay District. Refer to the PCD-O
District regulations.
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Chapter 3.E
Limited Business District, B-1
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Chapter 3.E: Limited Business District, B-1
A.
Purpose and Intent
This district is designed to allow limited service-oriented commercial uses not in conflict
with the low-density appearance and quiet, rural atmosphere characterized and promoted
within agricultural and residential districts. This zone shall be characterized by
significant setback and yard requirements, by limited signage and by uses balancing the
area’s need for service-oriented industry with adjoining residential and agricultural uses.
It is anticipated that the zone shall consist of mixed agricultural, residential, limited
commercial and service-oriented commercial uses in an overall atmosphere maintaining a
low-density appearance and rural quality of life.
B.
Uses—Permitted by right
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Single-family detached dwellings.
Two-family detached dwellings.
Boardinghouses, tourist houses, bed and breakfast inns.
Churches.
Libraries.
Schools, public and/or private.
Hospitals.
Clinics.
Parks and playgrounds.
Post Offices.
Fire departments and rescue facilities.
Kennels.
Public utilities limited to poles, lines, distribution transformers, pipes,
meters, and other facilities necessary for the provision and maintenance of
public utilities, including water and sewage facilities.
Crafts, furniture making, cabinet making, upholstery, pottery, decorating,
art and substantially similar trades, including production, assembly or sale
of goods made, or finished in a manner contributing substantially to the
final product, on the premises, and, provided the total floor space of all
structures devoted wholly or partially to such uses does not exceed nine
thousand (9,000) square feet.
Restaurants.
Banks.
Barber and beauty shops.
Offices, professional and service.
Funeral homes.
Veterinary clinics.
Fraternal lodges and community buildings.
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22.
23.
Antique shops.
Establishments selling merchandise as retail, limited to a maximum of
nine thousand (9,000) square feet in total floor area, such as, but not
limited to, the following:
a. Household appliances
b. Art works
c. Artist supplies
d. Bakery goods
e. Business machines, computers, printers and supplies
f. Bicycles
g. Carpets and rugs
h. Clothing and accessories
i.. Furniture
j. Garden and farm supplies
k. Jewelry
l. Luggage
m.Musical equipment and supplies
n. Orthopedic appliances
o. Optical goods
p. Paint
q. Pets
r. Radios, television sets , DVD players, etc.
s. DVDs, CDs
t. Photographic equipment
u. Sporting goods, toys, and games
v. A.B.C. Package stores
w. Supermarkets or food stores
x. Hardware stores
y. Pharmacy Stores
24. Services limited to a maximum of nine thousand (9,000) feet in total floor
area, such as, but not limited to:
a. Bicycle rentals
b. Blueprinting, duplicating and printing shops
c. Medical and dental laboratories
d. Loan offices
e. Locksmith shops
f. Opticians and optometrists
g. Travel bureaus
h. Gymnasiums and health salons
i. Barber shops and hair salons
j. Automobile service stations
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25. Communication towers subject to Chapter 15, Communication Tower
Regulations.
C.
Uses—Permitted by special use permit only
1. Hotel and motel.
2. Permitted uses requiring more than nine thousand (9,000) square feet in total
floor area.
D.
Regulations for limited business zone
1.
Height: The maximum height of any building shall be thirty-five (35) feet
from grade. The maximum height of a wooden pole is eighty (80) feet.
Church spires, belfries, cupolas, monuments, water storage tanks,
chimneys, flues, flagpoles, are exempt. Television antennas and radio
aerials pursuant to Chapter 15 are also exempt.
2.
Commercial
Buildings
Residential
Buildings
Front:
75 feet from the right of
way for public street, road
highway.
25 feet from the right
of way for a public or
private road.
Side:
25 feet
25 feet
Rear:
25 feet
25 feet
Front:
75 feet from the right of
way for public street
or road.
35 feet from the right
of way for a public or
private street or road.
Side:
75 feet from the right of
way for a public street
or road.
35 feet from the right
of way for a public
private street or road.
25 feet from any side yard
having no frontage on a
public street or road.
25 feet from any side
yard having no frontage
on a public or private
street or road.
Setbacks
Corner Lot
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3.
Minimum lot area: With public water and sewer – one (1) acre
With well and/or septic systems - two (2) acres
4.
Frontage: No lot shall have less than one hundred twenty-five (125) feet
of road frontage at the setback line.
5.
Yard: No side yard shall be less than twenty-five (25) feet. No rear yard
shall be less than twenty-five (25) feet.
6.
Parking: All parking areas shall be screened with vegetation where
necessary to screen the parking area from view of the street and adjoining
lots. Parking area are not to be located in front of the setback line.
7.
Non-conforming lots: Any lot not conforming to the regulations of this
article as of the article’s effective date shall be exempt from conformance,
except upon any change in use of the lot requiring submission of a site
plan.
E. Open Space
1. Ten percent (10%) of the gross site area shall be landscaped open space.
2. Supplemental open space and recreation requirements apply to the B-1
District uses when included as a designated zoning district in a PC-D Overlay
District.
F. Final Plat/Site Plan
1. The final plat or site plan for a project shall graphically depict the location
and calculate the area for the individual “physical land units”, as defined by
Chapter 2, Paragraph J.3.
2. No B-1 District lot shall be designed or employed for use in which an area
more than 25% of the prescribed minimum lot area is comprised of one or
more of the following physical land units: (a) slopes 35% or more; (b)
wetlands; (c) 100-year floodplains; (d) sinkholes; and (e) water features.
G. Additional Regulations
1. Refer to the C-O, Corridor Overlay District, and the County’s Corridor Design
Guidelines, where applicable.
2. Refer to Landscaping and Screening Regulations, Chapter 9, for parking lot
landscaping, rear lot screening, buffer yards, and related landscape
architecture provisions.
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3. Refer to Sign Regulations, Chapter 10, for signage provisions.
4. Refer to Parking and Loading Requirements, Chapter 8, for parking
regulations.
5. All uses shall be subject to site plan approval.
6. All refuse shall be contained in completely enclosed facilities. Refuse
containers and refuse storage shall be located in a paved area and screened
from public view by means of fences, wall or landscaping.
7. For all B-1 District uses, storage shall be conducted within the principal
structure which is to be completely enclosed.
8. For any use which is adjacent to uses which may be adversely affected by the
creation of a new curb cut on a public road, street or highway, such use will
require a special use permit.
9. On a corner lot, no curb cut shall be located closer than 50 feet to the right of
way line extended from the intersecting public road, street or highway.
10. No curb cut shall be located closer than 15 feet to a side or rear lot line, unless
a common curb cut serves adjacent uses, and in no instance shall the distance
between separate curb cuts serving adjacent uses be less than 50 feet.
11. A freestanding use shall have no more than two curb cuts on any single right
of way, and such curb cuts shall have a minimum distance of 100 feet between
them.
12. In addition to landscaping and screening requirements, there shall be a
minimum landscaped buffer strip of 20 feet in depth along all N-C District
property frontage. No parking is permitted within the buffer strip.
13. Where a lot is contiguous to property located in a residential district, fencing
may be required in addition to landscape buffers in such cases deemed
necessary by the Planning Commission with fence material and heights
subject to final plan approval.
14. Gasoline pump islands, canopies and structural elements shall be governed by
the same regulations as applied to a principal structure.
15. Any subdivision or lot which is proposed to be developed on shrink/swell
soils shall require a geotechnical report to be submitted with the preliminary
plat and plans. Such report shall be prepared by a registered professional
engineer and shall address the feasibility of development on the subject soils.
No subdivision plat or site plan shall be approved for final recordation until a
foundation engineering report has been reviewed by the County. All recorded
plats for lots containing shrink/swell soils shall bear the following note:
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“This lot contains shrink/swell soils which require special engineering
design for foundations and structural elements. No structure will be
approved for issuance of a building permit until a foundation
engineering design prepared by a certified professional engineer has
been approved for the proposed structure.”
16. Additional regulations may apply when the B-1 District is incorporated as a
designated zoning district in a PCD-O Overlay District. Refer to the PCD-O
District regulations.
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Chapter 3.F
Village Mixed Use District, V-MU
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Chapter 3.E: Village Mixed Use District, V-MU
A.
Purpose and Intent
The Village Mixed Use is established to provide for selected locations in Nelson County for
neighborhood commercial, office, service, civic, and, in certain locations, residential uses. The
V-MU District is principally intended to implement the non-residential components that are
integral to the Comprehensive Plan’s designated areas for the Village Mixed Use Development
Model. In locations where the scale, mix and density of the commercial development is intended
to exceed the limits provided for commercial applications in the Rural Residential District, the
Village Mixed Use should be applied.
As described by the Comprehensive Plan, areas planned for Village Mixed Use represent “a well
defined, moderately dense center of rural activity that is surrounded by sparsely developed, or
sparsely populated rural land.” Business and civic land uses in the V-MU District shall serve rural
residential and rural village demands, with the purpose of these establishments to provide only
those goods, services and necessities that usually require frequent purchasing with minimum of
consumer travel per shopping trip. Residential uses of appropriate size, scale, density and location
may be appropriate within the district.
The V-MU District is not intended to encourage the implementation of a retail market
environment which is competitive with the larger-scale retail and business uses as envisioned for
County’s Mixed Commercial Development Model and which serves a countywide and regional
marketplace. The V-MU District is designed to accommodate existing and future neighborhood
and convenience retail uses at locations designated by the Comprehensive Plan in the outlying
rural residential areas and rural villages.
The district is aimed at providing opportunities for individual neighborhood-styled businesses and
services which, historically, are not located within higher density development areas, such as
traditional strip shopping centers, shopping malls or in town commercial areas. It is not intended
to be applied to implement shopping centers or highway-oriented strip commercial development.
In a village setting, the maximum size of the commercial “center” of the application of the V-MU
District should not exceed ten (10) acres. The introduction of residential uses may increase the
size of the district.
Building size and use intensity are governed to ensure appropriate scale and lot coverage within
the district. For by right uses, individual businesses are limited to 6000 square feet of floor area
per establishment, not to exceed 12,000 square feet per building, with a floor area ratio of 0.30.
Residential apartments may be included in mixed-use buildings as a secondary use permitted by
special permit.
For the purpose of implementing the residential components of the Comprehensive Plan’s Mixed
Use Development Model, single family residences are permitted as a by-right use while
townhouse and multifamily development shall require a special permit.
Minimum site improvements for uses within the V-MU District shall include adequate on-site
parking, adequate loading areas, public water and sewer service, public street frontage and safe
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access, pedestrian improvements, storm drainage, stormwater management facilities, and outdoor
lighting for parking areas.
B.
Permitted Uses
Permitted (or by right) uses shall be those in the categories herein below which do not exceed: (1)
6,000 sq. ft. in gross floor area per establishment; (2) 12,000 sq. ft. gross floor area per building;
or (3) a floor area ratio (FAR) of 0.30 per lot.
Permitted uses shall be served by public water and sewer.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Accessory use to include tool sheds, detached garages and carports.
Banks and financial institutions (without drive-thru facilities).
Bed and breakfast, inn, or tourist home (as defined).
Business service and office supply establishments.
Churches and places of worship.
Convenience stores (without gasoline services).
Offices (general and professional).
Personal service establishments.
Public uses.
Restaurants.
Retail sales of neighborhood and convenience shopping goods.
Studios for artists, photographers, sculptors or artisan.
Single family detached dwellings, subject to regulations in the N-R District where public
water and sewer are available.
Single family detached dwellings, subject to regulations in the R-R District where
public water and sewer are not available.
Communications tower, electrical power substation, transmission lines and related
towers, subject to the regulations of Chapter 15 of this ordinance.
Day care facilities (adult and children).
Plant nurseries.
C. Special Permit Uses
1. Apartments which are accessory to and supportive of a by-right use, provided that
such apartments: (a) are not located on a ground floor; (b) the floor area
allocated to the apartment use does not exceed the floor area allocated to the
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
principal by right use; and (c) access to the apartment use is separated from the
entrance to the by right use.
Commercial recreational establishments (limited to indoor uses).
Commercial car wash.
Convenience stores (with gasoline sales).
Fast-food restaurants.
Funeral homes.
Gasoline sales establishments (with no repair services and/or outdoor vehicle storage).
Light warehousing uses.
Private post office and delivery service establishments.
Public and private schools and colleges.
Public utilities.
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12. Repair service establishments (non-motor vehicle related and without outdoor service).
13. Schools, colleges and universities, public or private.
14. Use which exceeds: (1) 6,000 sq. ft. in gross floor area per establishment; (2) 12,000 sq.
ft. gross floor area per building; or (3) a floor area ratio (FAR) of 0.30 per lot.
15. Use which has drive-in facilities.
16. Use which is not served by public water or sewer.
17. Townhouse and multifamily residential uses, subject to the regulations in the A/M-R
District, where public water and sewer is available.
18. Modification of lot size, bulk, and yard requirements.
19. Modification of district size when included as a designated zoning district in a PCD
Overlay District.
20. Community centers.
21. Modification of District size.
D.
Lot Size Requirements for Non-Residential Uses
1. Minimum district size: Not regulated
2. Maximum district size: 10 acres
3. Minimum lot area: 20,000 square feet, with public water and sewer; 40,000 square feet,
without public water and sewer, provided that in the determination of minimum nonresidential lot size in the absence of public water or sewer, the applicant establishes the lot
size in consideration of the environmental characteristics of the land for private well or
septic systems and provides supporting evidence of: (a) the availability of adequate ground
water supply and well system design; and/or (b) adequate lot area to provide for a primary
and reserve drain field site.
4. Minimum lot width: 100 feet
E.
Bulk Regulations for Non-Residential Uses
1. Height:
A. Maximum building height: 45 feet, provided that building heights may be increased by
special permit up to a maximum height of 60 feet if one (1) additional foot of yard
setback is provided for each one (1) foot in building height over 45 feet.
B. Public or semi-public building: 60 feet, provided that required front, rear and side
yards shall be increased by 1 foot for each foot of height over 45 feet.
C. Cupolas, spires and steeples: 75 feet
2. Minimum yard requirements:
A. Front yard: 20 feet, provided that no parking is located within a front yard. If parking
is provided in a front yard, the front yard shall be the depth of the parking plus 20
feet.
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B. Side yard: 15 feet, provided that no parking is located within a side yard. If parking is
provided in a side yard, the side yard shall be the depth of the parking plus 15 feet.
Where the lot adjoins an existing residential district, the side yard must then be at
least 20 feet.
C. Rear yard: 20 feet, provided that no parking is located within a back yard. If
parking is provided in a back yard, the back yard shall be the depth of the parking
plus 10 feet.
Rear yard (accessory uses): 5 feet
3. Maximum floor area ratio: 0.30
F.
Open Space
1. Ten percent (10%) of the gross site area shall be landscaped open space.
2. Supplemental open space and recreation requirements apply to V-MU District uses when
included as a designated zoning district in a PCD Overlay District.
G.
Final Plat/Site Plan
1. The final plat or site plan for a project shall graphically depict the location and
calculate the area for the individual “physical land units”, as defined by Chapter
2, Paragraph J.3.
2. No V-MU District lot shall be designed or employed for use in which an area more than
25% of the prescribed minimum lot area is comprised of one or more of the following
physical land units: (a) slopes 35% or more; (b) wetlands; (c) 100-year floodplains; (d)
sinkholes; and (e) water features.
H.
Additional Regulations
1. Refer to the C-O, Corridor Overlay District and the County’s Corridor Design
Guidelines, where applicable.
2. Refer to Landscaping and Screening Regulations, Chapter 9, for parking lot landscaping,
rear lot screening, buffer yards, and related landscape architecture provisions.
3. Refer to Sign Regulations, Chapter 10, for signage provisions.
4. Refer to Parking and Loading Requirements, Chapter 8, for parking regulations.
5. All uses shall be subject to site plan approval.
6. All refuse shall be contained in completely enclosed facilities. Refuse containers and
refuse storage shall be located in a paved area and screened from public view by means
of fences, wall or landscaping.
7. For all V-MU District uses, storage shall be conducted within the principal structure,
which is to be completely enclosed.
8. For any use which is adjacent to uses which may be adversely affected by the
creation of a new curb cut on a public road, street or highway, such use will
require a special use permit.
9. On a corner lot, no curb cut shall be located closer than 50 feet to the right of way
line extended from the intersecting public road, street or highway.
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10. No curb cut shall be located closer than 15 feet to a side or rear lot line, unless a
common curb cut serves adjacent uses, and in no instance shall the distance
between separate curb cuts serving adjacent uses be less than 50 feet.
11. A freestanding use shall have no more than two curb cuts on any single right of
way, and such curb cuts shall have a minimum distance of 100 feet between them.
12. In addition to landscaping and screening requirements, there shall be a minimum
landscaped buffer strip of 20 feet in depth along all V-MU District property
frontage. No parking is permitted within the buffer strip.
13. Where a lot is contiguous to property located in a residential district, fencing may
be required in addition to landscape buffers in such cases deemed necessary by
the Planning Commission with fence material and heights subject to final plan
approval.
14. Gasoline pump islands, canopies and structural elements shall be governed by the
same regulations as applied to a principal structure.
15. Any subdivision or lot which is proposed to be developed on shrink/swell soils
shall require a geotechnical report to be submitted with the preliminary plat and
plans. Such report shall be prepared by a registered professional engineer and
shall address the feasibility of development on the subject soils. No subdivision
plat or site plan shall be approved for final recordation until a foundation
engineering report has been reviewed by the County. All recorded plats for lots
containing shrink/swell soils shall bear the following note:
“This lot contains shrink/swell soils which require special engineering design for
foundations and structural elements. No structure will be approved for issuance
of a building permit until a foundation engineering design prepared by a certified
professional engineer has been approved for the proposed structure.”
16. Additional regulations may apply when the V-MU District is incorporated as a
designated zoning district in a PCD-O Overlay District. Refer to the PCD-O
District regulations.
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Chapter 3.G
Town Center District, TC-B
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Chapter 3.G: Town Center District, TC-B
A.
Purpose and Intent
The TC-B, Town Center District, is established to implement the Town Development Model
goals of the Comprehensive Plan. It is intended to promote harmonious development,
redevelopment and rehabilitation of uses in and around the designated growth areas of the town
of Lovingston. The regulations of the TC-B District are intended to promulgate the Plan’s goals
for revitalization, redevelopment and historic preservation while emphasizing residential stability
and encouraging a balanced mix of uses in Lovingston.
Emphasis in applying the TC-B District in the town is placed on the following:
1. encouraging continued use and revitalization of single family residences within the
district;
2. providing opportunities for selected businesses of a use and scale consistent with town
center market objectives;
3. enhancing pedestrian circulation patterns;
4. minimizing vehicular/pedestrian access conflicts among the town’s land uses;
5. respecting the geometry of the town center streetscape;
6. maintaining strong continuity with the architectural precedents of the Town’s historic
area;
7. providing flexibility in the application of harmonious standards for site development;
8. encouraging infill development at appropriate locations;
9. availability or provision of adequate infrastructure and utilities for all new development.
Public water and sewer shall be required for all uses in the district.
The scale of the town should maintain its historic precedents while encouraging new development
patterns that are attractive to pedestrians. For non-residential uses located within the designated
“Town Center Parking District” (subject to adoption) of Lovingston, provisions are made to allow
the reduction or waiver of off-street parking requirements for uses which do not exceed 10,000
square feet in gross floor area or a floor area ratio (FAR) of 1.0. Centralized and coordinated
public parking within the town is encouraged to serve local business and tourism uses, while offstreet parking is recommended on individual residential properties and larger commercial, service
and office properties. Signage and outdoor storage are restricted to promote an attractive and
stable urban environment.
Residential uses are an essential component of the TC-B District. The regulations for residential
development in the district shall default to the companion districts in this ordinance that related to
the specific type of residential use (single family, townhouse, multi-family, etc.) which is
proposed. In accordance with the objectives of the Plan, higher density residential development is
permitted by special permit to encourage close proximity of residences to places of shopping and
work.
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B.
Permitted Uses
Permitted uses shall be those in the following categories in which buildings and structures do not
exceed 10,000 square feet in lot coverage or a floor area ratio (FAR) of 1.0.
1. Residential dwellings, as a principal use, subject to: (a) the residential district regulations
of this ordinance as may be applicable to the proposed residential dwelling type and use;
and (b) other additional regulations of this district.
2. Retail sales establishments (exclusive of automobile dealerships and sales establishments,
lumber and millwork retail sales and storage yards, and other uses which require outdoor
storage of retail goods).
3. Offices, general and professional.
4. Personal service establishments.
5. Banks and financial institutions.
6. Restaurants (exclusive of fast food restaurants).
7. Business service and office supply establishments.
8. Repair service establishments, provided that any given repair service does
not employ more than three (3) persons on the premises during a single shift and that all
repair services are performed indoors. No outdoor use, storage or display is permitted.
C.
9.
10.
11.
12.
Churches and places of worship.
Parking lots (private or public, as a principal use).
Home occupations (in detached residential dwellings).
Residential dwellings, as an ancillary use in mixed use commercial
structures, subject to other additional regulations pertaining to this district.
13.
14.
15.
16.
17.
18.
Laundromats.
Studios for artists, photographers, sculptors, artisans, and similar uses.
Theaters.
Visitor centers and public restroom facilities.
Community centers.
Communications tower, electrical power substation, transmission lines and related
towers, subject to the regulations of Chapter 15 of this ordinance.
Uses Permitted by Special Use Permit
The conversion of any residential structure to a non-residential use as the principal use of the
building shall be subject to special use permit approval, even if the converted use in question is
one of the permitted uses listed above.
1. Any individual use otherwise permitted as a by right use in the TC-B District, but which
exceeds 10,000 square feet in gross floor area or a floor area ratio (FAR) of 1.0 of the
building or structures, or any of the following uses:
2. Modification of on-site parking regulations for uses which exceed 10,000 square feet in
gross floor area or a floor area ratio (FAR) of 1.0, subject to parking impact study.
3. Bed and breakfast lodgings.
4. Private post office and delivery services.
5. Funeral homes.
6. Public uses and utilities.
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7. Any by right use for which business, storage or display is conducted outside of an
enclosed building.
8. Any use incorporating drive-thru facilities.
9. Hotels and motels.
10. Convenience or quick-service food stores (with or without automotive services).
11. Parking garages and structures.
12. Public and private schools.
13. Commercial recreation establishments (limited to indoor uses).
14. Private clubs, country clubs and lodges.
15. Repair service establishments, for any given repair service which employs more than
three (3) persons on the premises in a single shift and that all repair services are
performed indoors.
16. Child day care facilities.
17. Farmers’ markets and temporary stands for sale of produce and seasonal merchandise.
18. Fast food restaurants.
19. Uses requiring a drive-thru facility.
20. Modification of landscape and open space requirements.
21. Modification of yard requirements.
22. Modification of requirement for public water and sewer.
D.
Lot Size Requirements
1. Minimum district size: The district shall conform with the area as designated by the
Official Zoning Map of Nelson County.
2. Minimum lot area for non-residential uses:
10,000 square feet, with public water and sewer.
40,000 square feet, without public water and sewer, provided that in the determination of
minimum non-residential lot size in the absence of public water or sewer, the applicant in
the special permit process must establish the lot size in consideration of the
environmental characteristics of the land for private well or septic systems and shall
provide supporting evidence of: (a) the availability of adequate ground water supply and
well system design; and/or (b) adequate lot area to provide for a primary and reserve
drain field site.
3. Minimum lot area for residential uses: The minimum lot area for any residential use shall
conform with the minimum lot area prescribed by the residential zoning district
applicable to the specific residential use and structure (i.e., N-R District for single
family detached residential and A/M-R for attached and multifamily dwellings.)
4. Minimum lot width for non-residential uses: 60 feet.
5. Minimum lot width for residential uses: The minimum lot width for any residential use
shall conform with the minimum lot width prescribed by the residential zoning district
applicable for the specific residential use and structure.
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E.
Bulk Regulations
1. Maximum building height:
a.
b.
c.
d.
Residential uses: 45 feet
Public and semi-public buildings: 55 feet
Business and commercial uses: 55 feet
Church spires: 90 feet
2. Minimum yard requirements for non-residential uses:
a.
Front yard: Not regulated except that the front yard dimensions shall conform to
within twenty percent (20%) of the front yard dimensions of the average of the
existing adjacent structures.
b.
Side yard: Not regulated except: (1) side yard shall be at least 10 feet or as
otherwise required by buffer yard criteria where adjacent to any principal
residential use; and (2) side yard shall be at least 5 feet where adjacent to an alley
which is recorded as an easement or public right of way.
c.
Rear yard: Not regulated except rear yard shall be at least 10 feet where adjacent
to any principal residential use or residential district.
3. Minimum yard dimensions for residential uses: The minimum yard dimensions for any
residential use shall conform with the minimum yard requirements prescribed by the
residential zoning district applicable for the specific residential use and structure.
4. Maximum floor area ratio for non-residential uses: 1.0.
5. Maximum residential density:
a.
12 dwelling units per net acre for mixed use structures with commercial uses on
first floor and residences on upper floors.
F.
b.
12 dwelling units per acre for multifamily dwellings.
c.
16 dwelling units per acre for age-restricted, elderly or assisted living units.
d.
8 dwellings units per acre for single family attached dwellings.
e.
3 dwelling units per acre for single family detached dwellings (5 dwelling units
per acre for qualifying cluster subdivisons).
Open Space for Non-Residential Uses
1. Not regulated for existing structures and uses.
2. Ten percent (10%) of the gross lot area shall be landscaped open space.
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G.
Final Plat/Site Plan
1. The final plat or site plan for a project shall graphically depict the location
and calculate the area for the individual “physical land units”, as defined by Chapter 2,
Paragraph J.
2. Unless otherwise waived by the Planning Commission, no TC-B District lot shall
be designed or employed for use in which an area more than twenty-five percent
(25%) of the prescribed minimum lot area is comprised of one or more of the
following physical land units: (a) slopes 35% or more; (b) wetlands; (c) 100-year
floodplains; (d) sinkholes; and (e) water features.
H.
Additional Regulations
1. The conversion of any residential structure to a non-residential use as the principal use of
the building is subject to special use permit approval.
2. Uses other than single family residential uses shall be subject to site plan
approval.
3. All refuse shall be contained in completely enclosed facilities. Refuse containers and
refuse storage shall be located in a paved area and screened from public view by means
of fences, wall, or landscaping.
4. For any use adjacent to uses which in the opinion of the Planning and Zoning
Administrator may be adversely affected by the creation of an additional curb cut, such
use will require a special use permit.
5. In the area designated as the “Main Street Parking District,” the application of the offstreet parking space requirements for commercial and other non-residential uses which do
not exceed 6000 square feet in gross floor area or a floor area ratio (FAR) of 1.0 may be
reduced, waived or otherwise modified under the following provisions:
a.
b.
c.
d.
e.
f.
The applicant can demonstrate by parking impact analysis that adequate on-street
parking within dedicated and accepted public rights of way exists to serve the
intended use.
The applicant can demonstrate that adequate off-street public parking exists to
serve the intended use.
The applicant can demonstrate that provisions can be made with other private
property owners to establish adequate and permanent off-site, shared parking
facilities on property not owned by the applicant.
The Planning Commission establishes that any waivers, modifications, or
reductions to off-street parking requirements for non-residential uses are off-set
by adequate substitute parking for the use and convenient pedestrian access from
the off-site parking to the particular use.
The applicant meets other conditions related to parking, access and loading as
may be established by the Planning Commission in conjunction with plat and site
plan approval requirements.
Off-street parking requirements for residential uses may not be waived in the
“Town Center Parking District.”
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6. Off-street parking space requirements shall be provided for downtown retail and nonresidential uses in the TC-B District which exceed 6000 square feet in lot coverage or a
floor area ratio (FAR) of 1.0, unless otherwise waived or modified by special use permit.
7. When on-site parking is to be provided on a lot in the TC-B District, such off-street
parking shall comply with the Parking and Loading requirements and standards, unless
subject to waivers, modifications and conditions which may be established by agreement
between the applicant and the County.
8. Establishments offering outdoor dining shall be subject to the provisions
additional regulations as may be applied by the County.
9. Refer to the Floodplain Zoning Overlay District, where applicable.
10. Refer to Landscaping and Screening for screening and buffer yard provisions.
11. Refer to the Corridor Overlay District and the Historic Overlay District for additional
design standards and criteria, where applicable. For properties located within these
districts, no site plan shall be approved by the Planning Commission prior to the issuance
of a Certificate of Appropriateness.
12. Refer to the Signage regulations, where applicable.
13. Any subdivision or lot which is proposed to be developed on shrink/swell soils shall
require a geotechnical report to be submitted with the preliminary plat and plans. Such
report shall be prepared by a registered professional engineer and shall address the
feasibility of development on the subject soils. No subdivision plat or site plan shall be
approved for final recordation until a foundation engineering report has been reviewed by
the County. All recorded plats for lots containing shrink/swell soils shall bear the
following note:
“This lot contains shrink/swell soils which require special engineering design for
foundations and structural elements. No structure will be approved for issuance
of a building permit until a foundation engineering design prepared by a certified
professional engineer has been approved for the proposed structure.”
14. Where permitted, the outdoor area devoted to storage, loading and display of goods shall
be limited to a maximum of 15% of the total lot area and as otherwise designated on an
approved site plan. Outdoor storage, loading and display areas in excess of 15% may be
approved under special circumstances when the applicant can demonstrate need and
provide expanded and enhanced screening, buffers and landscaping.
15. Public water and sewer shall be required for all uses in the district. In consideration of a
waiver of the requirement for public water and sewer, the applicant must provide
evidence of: (a) the availability of adequate ground water supply and well system design;
and/or (b) adequate lot area to provide for a primary and reserve drain field site.
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Chapter 3.H
Planned Shopping Business District, PS-B
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Chapter 3.H: Planned Shopping Business District, PS-B
A.
Purpose and Intent
The PS-B District is established to provide locations in the County for community and
sub-regional scaled retail commercial and business uses to be located within planned
shopping districts under unified site design. All community-scaled shopping centers to be
located within the County’s Development Model areas would be governed by this district
as by right uses, with regional-scaled shopping centers, conventional highway “strip”
commercial uses, and “big box” (single use retail buildings generally greater than 60,000
square feet) development subject to the special use permit process. Public water and
sewer shall be required for uses in this district.
Application of the PS-B District is intended to promote orderly commercial facility
development, minimize vehicular traffic within the shopping complex, reduce
transportation impacts on contiguous highway corridors, and facilitate safe pedestrian
movement among individual uses within the district. Typical uses found in the PS-B
District include supermarkets, drug stores, department stores, specialty stores, movie
theaters and entertainment centers, personal service establishments and general offices.
In general, the by right maximum size of the PS-B District shopping center shall not
exceed a total gross floor area of 150,000 square feet (inclusive of all planned buildings)
or a total parcel size of ten (10) acres, provided that free-standing retail buildings may be
permitted within the district. This size limitation corresponds with the land area
requirements for a prototypical neighborhood or community shopping center. Where
appropriate and within the context of the Comprehensive Plan, shopping centers that
exceed 150,000 square foot of gross floor area and individual retail commercial or
business uses which exceed 60,000 square feet of floor area shall require a special use
permit. Under comprehensive planning and special permit considerations, the ultimate
minimum district size may be increased at appropriate locations to accommodate larger
shopping centers serving a regional market base. Minimum site improvements for uses
within the PS-B District shall include adequate integrated internal vehicular access and
perimeter travelways, on-site parking, public street frontage, internal pedestrian
improvements, public water and sewer service, storm drainage, landscaping, stormwater
management facilities, and outdoor lighting for parking areas.
B.
Permitted Uses
1. Planned shopping centers with an aggregate gross floor area of less than or equal
to 150,000 square feet (inclusive of all planned buildings and structures), or an
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aggregate parcel size of ten (10) acres or less, incorporating the uses outlined in 3.
below.
2. An individual freestanding use, building or structure intended for a single use
with 60,000 square feet gross floor area or less incorporating the uses outlined in
3. below.
3. By right uses applicable to 1. and 2. above:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
C.
Retail sales establishments (exclusive of automobile dealerships, lumber
and millwork retail sales and storage yards, and other retail uses requiring
outdoor storage or display of goods which do not exceed 15% of net
developable lot area).
Banks and financial institutions.
Business service and office supply establishments.
Convenience stores (without gasoline services).
Churches and other places of worship.
Fast food restaurants (subject to Additional Regulations of this district).
Health club, spa or fitness center.
Laundromats/Drycleaners.
Movie theaters.
Offices (general and professional).
Personal service establishments.
Public uses.
Restaurants.
Communications tower, electrical power substation, transmission lines and
related towers, subject to the regulations of Chapter 15 of this ordinance.
Community centers.
Uses Permitted by Special Use Permit
1. Shopping centers with buildings or structures with an aggregate gross floor area in
excess of 150,000 square feet gross floor area, or an aggregate parcel size of ten
(10) acres or more, or containing an individual use or freestanding building or
structure intended for a single use with greater than 60,000 square feet gross floor
area.
The following uses may be permitted as special permit uses in the PS-B District
provided that such uses are secondary to and supportive of a larger planned
shopping and business district and which otherwise comply with the special
permit use provisions of this ordinance:
2. Automobile and light vehicle dealerships and retail sales establishments (with
service and repair facilities as an ancillary use, with completely enclosed service
facilities and screened outdoor storage of repair vehicles).
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3. Automobile and light vehicle repair establishments (within completely enclosed
structures with screened outdoor storage).
4. Car washes.
5. Commercial recreation facilities (indoor and outdoor uses).
6. Conference centers.
7. Funeral homes.
8. Gasoline sales establishments (with no repair services and no vehicle storage).
9. Hospitals and medical care facilities with inpatient care.
10. Hotels and motels
11. Parking garages and structures.
12. Parking lots (private or public, off-street as a principal use).
13. Plant nurseries.
14. Private clubs and lodges.
15. Private post office and delivery service establishments.
16. Repair service establishments, provided that all repair services and storage related
thereto are performed indoors.
17. Research and development activities which do not cause any more
smoke, dust, odor, noise, vibration or danger of explosion than other uses
permitted in this district and which involve no more than 15% of the gross floor
area in the assembling or processing of products. All assembling or processing
shall only involve products developed on the premises. All services and storage
shall be conducted within the principal structure which is to be completely
enclosed.
18. Schools, colleges and universities (public or private).
19. Temporary use (such as carnival or flea market.)
20. Uses requiring outdoor storage, display and merchandising of retail goods when
such areas exceed 15% of net developable lot area.
21. Veterinary clinics.
22. Modification of yard width requirements.
23. Modification of minimum or maximum district size.
24. Modification of requirements for public water and sewer.
25. Modification of minimum lot size for subdivision of land for fee simple
ownership or for condominium ownership when such lot is located interior to a
planned shopping center, subject to deeded access easements satisfactory to the
Planning Director.
D.
Lot Size Requirements
1.
2.
3.
4.
Minimum PS-B district size: 5 acres
Maximum PS-B district size: 10-acres
Minimum lot area: 40,000 sq. ft.
Minimum lot width: 200 ft.
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E.
Bulk Regulations
1. Maximum building height: 45 feet, provided that building heights may be
increased by special permit up to a maximum height of 60 feet if two (2)
additional feet of yard setback is provided for each one (1) foot in building height
over 45 feet.
2. Minimum yard requirements:
a.
b.
c.
Front yard: 40 feet provided that no parking shall be provided in the
minimum front yard area.
Side yard: 40 feet, provided that if the side yard is adjacent to a residential
district or right of way contiguous thereto, the side yard shall be 60 feet.
Rear yard: 30 feet, provided that if the rear yard is adjacent to a residential
district or right of way contiguous thereto, the side yard shall be 50 feet.
3. Maximum floor area ratio:
0.30
4. Cupolas and steeples: 75 feet
F.
Open Space and Landscaping
Fifteen percent (15%) of the site shall be landscaped open space. Refer to Landscaping
and Screening for additional regulations and requirements.
G.
Final Plat /Site Plan
1. The final plat or site plan for a project shall graphically depict the location and
calculate the area for the individual “physical land units”, as defined by Chapter
2, Paragraph J.3.
2. No PS-B District lot shall be designed or employed for use in which an area more
than 25% of the prescribed minimum lot area is comprised of one or more of the
following physical land units: (a) slopes 35% or more; (b)wetlands; (c) 100-year
floodplains; (d) sinkholes; and (d) water features.
H.
Additional Regulations
1. All uses shall be subject to site plan approval.
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2. All refuse shall be contained in completely enclosed facilities. Refuse containers
and refuse storage shall be located in a paved area and screened from public view
by means of fences, wall, or landscaping.
3. All business services and storage shall be conducted within the principal structure
which is to be completely enclosed, unless otherwise provided by special use
permit.
4. On a corner lot, no curb cut shall be located closer than 75 feet to the right of way
line extended from the intersecting street.
5. No curb cut shall be located closer than 20 feet to a side or rear lot line, unless a
common curb cut serves adjacent uses, and in no instance shall the distance
between separate curb cuts serving adjacent uses be less than 100 feet, provided
that such curb cuts conform with VDOT standards and criteria.
6. A freestanding use shall have no more than two curb cuts on any single right of
way, and such curb cuts shall have a minimum distance of 200 feet between them,
provided that such curb cuts conform in all other respects with VDOT standards
and criteria.
7. The outdoor area devoted to storage, loading, and display of retail goods shall be
limited to a maximum of 15% of the net developable lot area and shall provide
screening as indicated on an approved site plan. Subject to special use permit
approval, outdoor storage, loading and display areas of retail goods in excess of
15% of lot area may be approved under special circumstances when the applicant
can provide expanded and enhanced screening, buffers and landscaping.
Screening of outdoor display and product sales areas only may be waived by
administrative action of the Planning and Zoning Administrator, provided that
loading and storage areas not related to displays shall be screened.
8. Where a lot in the PS-B District is contiguous to property located in a residential
district, all buildings shall have a minimum setback of 50 feet from common
property lines. A landscaped buffer strip shall be provided in accordance with the
transitional buffer yard requirements for commercial/residential properties (see
Appendix), with landscape materials and placement subject to site plan approval.
However, no buffer yard shall be established with a horizontal width less than the
height of the structure adjacent to the buffer yard. Fencing may be required in
addition to landscape buffers in such cases deemed necessary by the Planning
Commission with fence material and heights subject to final plan approval.
9. There shall be a minimum landscaped green strip of 25 feet in depth along all PSB District property frontage, provided that the depth of this landscape strip may
be increased for special use permit uses and any uses located within the C-O
District. No parking is permitted within the buffer strip. The landscape buffer strip
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shall be exclusive of the area required for utility easements, sidewalks and other
infrastructure which would interrupt the nature and intent of the buffer area.
10. Refer to the Floodplain Zoning Overlay District, where applicable.
11. Refer to the C-O, Corridor Overlay District, where applicable.
12. Refer to applicable VDOT commercial entrance standards.
13. Refer to Landscaping and Screening Regulations for parking lot landscaping,
screening and buffer yard provisions.
14. Any subdivision or lot which is proposed to be developed on shrink/swell and
other soils with engineering limitations shall require a geotechnical report to be
submitted with the preliminary plat and plans. Such report shall be prepared by a
registered professional engineer and shall address the feasibility of development
on the subject soils. No subdivision plat or site plan shall be approved for final
recordation until a foundation engineering report has been reviewed by the
County.
All recorded plats for lots containing soils with engineering limitations shall bear
the following note:
“This lot contains soils which require special engineering design for
foundations and structural elements. No structure will be approved for
issuance of a building permit until a foundation engineering design
prepared by a certified professional engineer has been approved for the
proposed structure.”
15. Public water and sewer shall be required for all uses in the district. In
consideration of a waiver of the requirement for public water and sewer, the
applicant must provide evidence of: (a) the availability of adequate ground water
supply and well system design; and/or (b) adequate lot area to provide for a
primary and reserve drain field site.
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Chapter 3.I
Light Industrial District, L-I
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Chapter 3.I: Light Industrial District
A.
Purpose and Intent
The L-I, Light Industrial District, is established to provide locations within areas in
Nelson County for research technology, development and training, corporate employment
offices, and light manufacturing and warehousing uses operating under high
environmental performance standards.
While the main purpose of the district is to encourage the future location and
consolidation of light industrial and economic development activities within a master
planned and clustered setting, this district may be applied to discrete economic
development establishments in the County as well as to existing light industry which is
conforming as of the date of adoption of this ordinance.
From a design standpoint, this district is intended to promote the development of light
intensity land uses in planned business park settings, with an emphasis on low density,
well landscaped, and screened development which would be compatible with all types of
adjoining land uses, including residential, and which would afford maximum protection
to surrounding properties. No use should be permitted which might be harmful to the
adjoining land uses and the residential ambiance of the adjacent neighborhoods. Outdoor
storage and outdoor industrial uses are to be discouraged but may be permitted by special
use permit with appropriate design by special permit.
Minimum site improvements shall include adequate on-site parking, public water and
sewer service, public road frontage and safe access, pedestrian improvements, adequate
storm drainage, stormwater management facilities, and outdoor lighting for parking areas.
B.
Permitted Uses
1. Banks and financial institutions.
2. Community recreational facilities and uses (public or private).
3. Corporate offices and other offices which support permitted and special permit
uses.
4. Establishments for scientific research (except biological and chemical),
development and training.
5. Gasoline sales establishments (with no repair services and no outdoor vehicle
storage).
6. Health club, spa, or fitness center.
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7. Light manufacturing, fabrication, testing or repair establishments which are
incidental to the primary use of research, development and training or corporate
offices (with no outdoor storage, loading, or displays).
8. Light warehousing establishments, (without outdoor storage).
9. Light wholesale trade establishments, (without outdoor storage).
10. Private post offices and delivery service establishments.
11. Private training facilities and vocational schools.
12. Public utilities and facilities.
13. Veterinary hospitals (with no outdoor kennel facilities).
14. Communications tower, electrical power substation, transmission lines and related
towers, subject to the regulations of Chapter 15 of this ordinance.
15. Private, non-commercial outdoor recreation activity as a secondary use associated
with and ancillary to the principal use of the property, including hiking, hunting,
target or trap shooting, boating, horseback riding, swimming, and fishing. In this
connection, private, non-commercial clubs and associations, having either an
ownership or leasehold interest in a parcel, may enjoy the foregoing uses provided
such uses are not open to the public and are not commercial in nature.
C.
Uses Permitted by Special Use Permit
1. Auto and light vehicle service establishments (with screened outdoor service and
storage areas).
2. Commercial recreational facilities.
3. Contractor’s office, shops and storage yards.
4. Establishments for biological and chemical scientific research, development and
training.
5. Establishments for manufacturing production, processing, assembly, compounding, cleaning, servicing, storage, testing, repair and distribution of materials,
goods or products which conform to federal, state and local environmental performance standards (excepting those uses which are specifically prohibited by this
article or which require a special use permit).
6. Gasoline sales establishments (with indoor repair services and no outdoor
vehicle storage).
7. Heliports and helipads, supportive of and ancillary to a primary use.
8. Heavy equipment sales and servicing (with screened service and storage areas).
9. Light manufacturing, fabrication, testing or repair establishments (with
outdoor storage limited to 50% of the area of building coverage).
screened
10. Light warehousing establishments, with screened outdoor storage limited to 50%
of the area of building coverage.
11. Light wholesale trade and sales establishments, with screened outdoor storage
limited to 50% of the area of building coverage.
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12. Retail sales in a warehouse, wholesale or manufacturing establishment, wherein at
least 60% of the gross floor area is devoted to non-retail use and the for-sale
products are manufactured on the premises or by the same corporate ownership.
13. Restaurant.
14. Residential dwelling unit appurtenant to and contained within a commercial or
industrial building for the specific use of a watchman or caretaker.
15. Uses permitted by right and by special use permit in the R-C District.
16. Uses requiring outdoor storage, loading, or display
17. Uses with lot frontage on tributary streams and rivers.
18. Uses incorporating a drive-thru facility.
19. Modification of minimum district size.
20. Modification of minimum lot size.
21. Modification of floor area ratio and building coverage.
D.
Prohibited Uses
The specific uses which follow shall not be permitted in the L-I District.
1. Animal slaughterhouse.
2. Ammonia and chlorine manufacturing.
3. Asphalt mixing plant.
4. Blast furnace.
5. Boiler works.
6. Bulk storage of flammable materials.
7. Concrete mixing and batching products.
8. Coal, wood or wood distillation.
9. Extraction and mining of rocks and minerals.
10. Fertilizer, lime or cement manufacturing.
11. Fireworks or explosives manufacturing.
12. Private garbage incineration.
13. Rendering plants.
14. Automated salvage and other salvage yards.
15. Metal foundries, smelting, processing, fabrication and storage.
16. Soap manufacture.
17. Stockyards.
18. Acid manufacture.
19. Tanning and curing of skins.
20. Petroleum, asphalt or related product refining.
21. Private landfills.
22. Pesticide manufacturing.
23. Herbicide manufacturing.
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24. Insecticide manufacturing.
25. Residential uses, other than single on-site apartment for security purposes.
26. All nonconforming uses shall not be allowed to expand facilities.
E.
Maximum Density
Regulated by floor area ratio.
F.
Lot Size Requirements
1. Minimum district size: 10 acres
2. Minimum lot area: 40,000 square feet, with public water and sewer.
In the determination of minimum lot size in the absence of public water or sewer,
the applicant must establish the lot size in consideration of the environmental
characteristics of the land for private well or septic systems and shall provide
supporting evidence of (a) the availability of adequate ground water supply and
well system design and/or (b) adequate lot area to provide for a primary and
reserve drainfield site.
3. Minimum lot width: 300 feet
G.
Bulk Regulations
1. Maximum building height: 60 feet
2. Minimum yard requirements:
A. Front yard:
60 feet, from a property line which is the exterior boundary of the industrial
park property or which fronts on an existing public street.
40 feet, from a property line interior to the industrial park property.
Front yards with outdoor displays: a 30 foot setback is required for the
outdoor display of items, when permitted, within the front yard.
B. Side yard:
60 feet, from a property line which is the exterior boundary of the industrial
property or an existing public street.
30 feet, from a property line interior to the industrial park property.
80 feet, for a side yard which abuts a residential district.
C. Rear yard: 50 feet
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D. Side and rear yard requirements may be waived where a side or rear yard
abuts a railroad right of way which is to be employed for use as a siding for
the lot or a lot within the industrial park.
3. Maximum floor area ratio: 0.50
4. Maximum building area coverage: 0.30
H.
Open Space
1. An open space plan and landscape plan shall be submitted with applications for
any land use governed by this district.
2. Fifteen (15) percent of the site shall be landscaped open space, provided that no
more than fifty (50) percent of the dedicated open space shall consist of land
classified as 100 year floodplain, stream valleys, wetlands, slopes greater than
thirty-five (35) percent and/or drainage easements.
3. Supplemental open space and recreation requirements apply to L-I District uses
when included as a designated zoning district in a PCD-O District.
I.
Final Plat/Site Plan
1. The final plat or site plan for a project shall graphically depict the location
and calculate the area for the individual “physical land units”, as defined by
Chapter 2, Paragraph J.3.
2. No L-I District lot shall be designed or employed for use in which an area more
than 25% of the prescribed minimum lot area is comprised of one or more of the
following physical land units: (a) slopes 35% or more, (b) wetlands, (c) 100-year
floodplains, (d) sinkholes, and (e) water features.
J.
Additional Regulations
1. Refer to the C-O District, where applicable, for specific regulations pertaining to
development within the Corridor Overlay district.
2. An environmental impact statement may be required for any permitted or special
permit use. All uses shall conform to federal, state and County environmental
performance standards and design criteria as related to:
a.
b.
c.
d.
e.
f.
air pollution,
fire and explosion hazards,
radiation hazards,
electromagnetic radiation and interference hazards,
liquid, gas and solid wastes hazards,
noise standards,
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g.
h.
i.
j.
vibration standards,
illumination and glare,
water quality and
others as may be requested by the Planning Commission.
3. Refer to Landscaping Regulations for frontage landscaping, parking lot
landscaping, exterior lot screening and buffer yard provisions.
4. All refuse shall be contained in completely enclosed facilities.
5. On a corner lot, no curb cut shall be located closer than 75 feet to the curb line
extended from the intersecting public highway, road or street.
6. No curb cut shall be located closer than 25 feet to a side or rear lot line, unless a
common curb cut serves adjacent uses, and in no instance shall the distance
between separate curb cuts serving adjacent uses be less than 100 feet.
7. A freestanding use shall have no more than two curb cuts on any single right-ofway, and such curb cuts shall have a minimum distance of 100 feet between them.
8. Subject to special use permit approval, the outdoor areas of an L-I use devoted to
storage, loading, and display of goods shall be limited to a maximum 25% of the
total lot area and as otherwise designated on an approved site plan. Outdoor
storage, loading and display areas in excess of 50% of the area of building
coverage may be approved under special circumstances when the applicant can
provide expanded and enhanced security, fencing, screening, buffers and
landscaping.
9. Where a lot is contiguous to property located in a residential district, all buildings
shall have a minimum setback of 75 feet from common property lines. A
landscaped buffer yard shall be provided, with landscape materials and placement
subject to final plan approval. Fencing may be required in such cases with fence
material and heights subject to final plan approval.
10. All uses within the L-I District shall require a General Development Plan for
rezoning approval and a site plan for special permit or lot development approval.
11. There shall be a minimum landscaped buffer strip of 20 feet in depth along all L-I
District property frontage. No parking is permitted within the buffer strip. The
landscaped buffer strip shall be exclusive of the area required for utility
easements, sidewalks and other infrastructure which would interrupt the nature
and intent of the buffer area.
12. No mechanical equipment, tank, duct, elevator enclosure, cooling tower,
mechanical ventilator or air conditioner shall be erected, constructed, converted,
established, altered or enlarged on the roof of any building, unless all such
equipment and appurtenances are contained within a completely enclosed
structure whose top and sides may include specialized architectural treatment,
such as grillwork, louvers, and lattice work
13. Any subdivision lot or other property which is proposed to be developed on
shrink/swell soils or other soils with engineering limitations shall require a
geotechnical report to be submitted with the preliminary plat and plans.
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Such report shall be prepared by a registered professional engineer and shall
address the feasibility of development on the subject soils. No subdivision plat or
site plan shall be approved for final recordation until a foundation engineering
report has been reviewed by the County.
All recorded plats for lots containing shrink/swell soils or soils with engineering
limitations shall bear the following note:
“This lot contains soils which require special engineering design
for foundations and structural elements. No structure will be
approved for issuance of a building permit until a foundation
engineering design prepared by a certified professional engineer
has been approved for the proposed structure.”
14. Refer to Sign Regulations for signage provisions.
15. Additional regulations may apply when the I-L District is incorporated as a
designated zoning district in a PCD Overlay District. Refer to the PCD-O District
regulations.
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Chapter 3.J
Heavy Industrial District, H-I
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Chapter 3.J: Heavy Industrial, H-I
A.
Purpose and Intent:
The H-I, Heavy Industrial District is established to provide appropriate locations within
Nelson County for future medium and heavy intensity industry. In order supplement the
opportunity for economic development uses not otherwise permitted in the L-I District,
the H-I District is primarily intended for use by medium to large manufacturing
operations, heavy equipment facilities, construction and maintenance yards, fuel
businesses and other basic intensive industrial activities.
Potentially hazardous uses shall require environmental impact analyses and public review.
Minimum site improvements shall include adequate on-site parking, public water and sewer
service, public road frontage and safe access, pedestrian improvements, adequate storm drainage,
stormwater management facilities, and outdoor lighting for parking areas.
B. Permitted Uses:
1. Auto and light vehicle service establishments (with screened outdoor service and storage
areas).
2. Contractor’s offices, shops and storage yards.
3. Establishments for scientific research, development and training, or corporate office
(excepting biomedical, biological and chemical establishments.)
4. Establishments for manufacturing, production, processing, assembly,
compounding, cleaning, servicing, storage, testing, repair and distribution of
materials, goods or products, which conform to federal, state and County
environmental performance standards (excepting those uses which are specifically
prohibited by this article or which require a special use permit).
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Gasoline sales establishments (with indoor repair services).
Heavy equipment sale, rental and service establishments, including farm equipment
Heavy vehicle service establishments (with screened outdoor service and storage areas).
Light wholesale trade establishments, (with outdoor storage).
Lumber yards and building material yards, to include rock sand and gravel storage.
Motor freight terminals.
Motor vehicle storage and impoundment yards.
Plant nursery.
Private training facilities and vocational schools.
Recycling centers.
Retail sales related to establishments permitted by-right.
Storage yards (with coverage subject to Additional Regulations).
Uses permitted by right or by special use permit in the PS-B District.
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18.
19.
20.
21.
C.
Uses permitted by right or by special permit in the H-I District.
Warehouses, including mini-warehouses.
Saw mills.
Communications tower, electrical power substation, transmission lines and related
towers, subject to the regulations of Chapter 15 of this ordinance.
Uses Permitted by Special Use Permit
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Adult entertainment establishments.
Airports and aircraft industry.
Animal slaughterhouses.
Asphalt mixing plant.
Automobile auction facility.
Bulk storage of flammable materials.
Bus and railroad terminals.
Coal, wood or wood distillation facilities.
Commercial recreational facilities.
Concrete mixing and batching production.
Establishments for biomedical, biological and chemical scientific research, development
and training.
12. Extraction, storage or distribution of mineral resources, including gravel or sand.
13. Fertilizer, lime or cement manufacturing.
14. Heavy public utility uses, to include: electrical generating plants; sewerage
treatment plants.
15. Heliports and helipads.
16. Hotels and motels, with or without eating establishments.
17. Junkyard and automobile salvage yards, as defined.
18. Metal foundries, smelting, processing, fabrication and storage.
19. Private garbage incineration.
20. Public utilities and facilities.
21. Residential dwelling unit appurtenant to and contained within a commercial or industrial
building for the specific use of a watchman or caretaker.
22. Sanitary landfill.
23. Stockyards.
24. Truck or train terminal.
25. Use with lot frontage on a river.
26. Use associated with any aviation activity, including airports.
27. Veterinary hospitals, inclusive of boarding kennels.
28. Modification of floor area ratio.
29. Modification of building height.
30. Modification of minimum lot size.
31. Modification of requirement for public water and sewer.
32. Modification of minimum district size when in conformance with the Comprehensive
Plan.
D.
Prohibited Uses:
The specific uses which follow shall not be permitted in the H-I District.
1. Acid manufacture.
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2. All nonconforming uses shall not be allowed to expand facilities.
3. Ammonia and chlorine manufacturing.
4. Any other similar use which in the opinion of the Board of Supervisors might be
injurious or noxious by reason of odor, fumes, dust, smoke, vibration, glare, noise or
other cause which may be deemed as hazardous to the health, welfare and safety of the
County.
5. Blast furnace.
6. Boiler works.
7. Fireworks or explosives manufacturing.
8. Herbicide manufacturing.
9. Insecticide manufacturing.
10. New residential uses.
11. Petroleum, asphalt or related product refining.
12. Pesticide manufacturing.
13. Soap manufacture.
E.
Maximum Density:
Regulated by floor area ratio.
F.
Lot Size Requirements:
1. Minimum district size: 5 acres
2. Minimum lot area: 40,000 square feet, with public water and sewer
In the determination of minimum lot size in the absence of public water or sewer,
the applicant must establish the lot size in consideration of the environmental
characteristics of the land for private well or septic systems and shall provide
supporting evidence of (a) the availability of adequate ground water supply and
well system design and/or (b) adequate lot area to provide for a primary and
reserve drain field site.
3. Minimum lot width: 120 feet
G.
Bulk Regulations:
1. Maximum building height: 60 feet
2. Minimum yard requirements:
A. Front yard: 50 feet, except where the use abuts a residential district, the front yard
shall be 60 feet.
B. Side yard: 25 feet, provided, where side yard abuts a public right of way or
residential district, the side yard shall be 50 feet.
C. Rear yard: 50 feet, provided, where rear yard abuts a public right of way or
residential district, the rear yard shall be 60 feet.
D. Side and rear yard requirements may be reduced by special permit where a side or
rear yard abuts a railroad right of way.
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3. Maximum floor area ratio: 0.60
4. Maximum building area coverage: 0.30
H.
Open Space
1. An open space plan and landscape plan shall be submitted with applications for any land
use governed by this district.
2. Fifteen (15) percent of the lot shall be landscaped open space; provided that no more than
fifty (50) percent of the landscaped open space shall consist of land classified as 100 year
floodplain, rivers, stream valleys, wetlands, slopes in excess of 35%, or drainage
easements.
I.
Final Plat/Site Plan
1. The final plat or site plan for a project shall graphically depict the location and
calculate the area for the individual “physical land units”, as defined by Chapter 2,
Paragraph J.3.
2. No H-I District lot shall be designed or employed for use in which an area more than
25% of the prescribed minimum lot area is comprised of one or more of the following
physical land units: (a) slopes 35% or more, (b) wetlands, © 100-year floodplains, (d)
sinkholes, and (e) water features.
J.
Additional Regulations:
1. Refer to the C-O District, where applicable, for specific regulations pertaining to
development within the Corridor Overlay district.
2. An environmental impact statement may be required by the Planning Director for
any permitted or special permit use. All uses shall conform to federal, state and
County environmental performance standards and design criteria as related to:
a. air pollution,
b. fire and explosion hazards,
c. radiation hazards,
d. electromagnetic radiation and interference hazards,
e. liquid, gas and solid wastes hazards,
f. noise standards,
g. vibration standards,
h. illumination and glare,
i. water quality and
j. others as may be requested by the Planning Commission.
3. All uses shall be subject to site plan approval.
4. All refuse shall be contained in completely enclosed facilities.
5. On a corner lot, no curb cut shall be located closer than 60 feet to the
curb line extended from the intersecting public highway, road or street.
6. No curb cut shall be located closer than 20 feet to a side or rear lot line,
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unless a common curb cut serves adjacent uses, and in no instance shall the distance
between separate curb cuts serving adjacent uses be less than 60 feet.
7. A freestanding use shall have no more than two curb cuts on any single
right of way, and such curb cuts shall have a minimum distance of 100 feet between
them.
8. The outdoor area devoted to storage, loading and display of goods shall not
exceed 30% of the total lot coverage, provided that the combined building and
outdoor storage, loading and display areas shall not exceed 60% of the total lot
coverage. Such outdoor areas shall not be counted in the calculation of required
open space. The location and use of outdoor storage, loading and display areas
shall be limited to the designated area(s) on the approved site plan.
9. Where a lot is contiguous to property located in a residential district, all buildings
shall have a minimum setback of 50 feet from common property lines. A
landscaped buffer yard shall be provided, with landscape materials and placement
subject to final plan approval. Fencing may be required in such cases with fence
material and heights subject to final plan approval.
10. Adult entertainment establishments, as permitted by special use permit, including
the following: (a) adult book stores; (b) adult motion picture or video theaters;
and as defined in the Definitions article of this ordinance. The following
additional regulations shall apply to adult entertainment establishments:
a.
No adult entertainment establishment shall be located within: (1) one mile of any
other adult entertainment establishment; (2) one mile of any residential district;
(3) one mile of any church or place of worship; (4) one mile of any religious
apparel or book store; (5) one mile of any school or education facility, including
playgrounds; (6) one mile of any public playground, park, swimming pool or
library. Distance between uses shall be measured from the nearest property line
of any adult entertainment establishment and the nearest property line of any use
cited in the paragraph herein above.
b.
In addition to the sign regulations of this ordinance, sign messages for an adult
entertainment establishment shall be limited to a written description of material
or services available on the premises and shall not provide any graphic or
pictorial depiction of the material or services available on the premises.
c.
Signage and messages which are visible or intended to be visible from outside
the property (such as those appearing on or within doors or windows) shall not
display materials, items, publications, pictures, films or printed material available
on the premises; or pictures, films or live presentation of persons performing or
services offered on the premises.
d.
Should any adult entertainment establishment listed above cease or discontinue
operation for a period of ninety or more consecutive days, it may not resume, nor
be replaced by any other adult entertainment establishment unless it complies
with all the requirements set forth herein above.
11. Refer to the Floodplain Zoning Overlay District, where applicable.
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12. Refer to Parking and Loading Requirements where applicable.
13. Any subdivision or lot which is proposed to be developed on shrink/swell soils
shall require a geotechnical report to be submitted with the preliminary plat and
plans. Such report shall be prepared by a registered professional engineer and
shall address the feasibility of development on the subject soils. No subdivision
plat or site plan shall be approved for final recordation until a foundation
engineering report has been reviewed by the County. All recorded plats for lots
containing shrink/swell soils shall bear the following note:
“This lot contains shrink/swell soils which require special engineering
design for foundations and structural elements. No structure will be
approved for issuance of a building permit until a foundation engineering
design prepared by a certified professional engineer has been approved
for the proposed structure.”
14. In the evaluation of performance standards for any permitted or special permit use
in the H-I District, the Board of Supervisors, at its sole discretion, may impose
other conditions and additional restrictions to that use for the purposes of ensuring
the mitigation of impacts and promulgating the Chapter 3.I: Heavy Industrial
District (H-I). Nelson County, Virginia Public Hearing Draft: July 23, 2004
health, safety and general welfare of the citizens of Nelson County.
15. Refer to Landscaping and Screening regulations for lot frontage, parking lot, and
yard landscaping, screening and buffer yard provisions.
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Chapter 3.K
Planned Community Development Overlay District,
PCD-O
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Chapter 3.K: Planned Community Development Overlay
District, PCD-O
A.
Purpose and Intent
The PCD-O, Planned Community Development Overlay District is established to
regulate the development of planned new communities of 400 acres or greater within the
R-F, Rural and Farming District, or other zoning district. Under this option, qualifying
properties under unified ownership and control may be approved for an overlay district
which grants greater land use flexibility in the determination of mix of uses, densities and
urban development components relative to that which is otherwise permitted under the
conventional zoning district regulations.
Approval under this option shall be subject to the innovative planning and creative design
for new communities which incorporate excellence in physical, social and economic
planning for a mix of appropriate land uses. Development in this district shall require
public water, sewer and other essential infrastructure.
Approval of the PCD-O Overlay District shall be subject to the County’s satisfaction that
the following general goals and objectives shall be met:
1. A compatible and sustainable mix of phased residential, commercial,
employment, institutional and recreational land uses shall be provided within the
planned community.
2. The land use regulations for each form of proposed residential dwelling type,
commercial or employment use, and other land uses within the planned
community shall be consistent with the regulations for such dwelling types in the
County’s conventional zoning districts.
3. The relationship and siting of land uses within the new community shall provide a
creative and orderly arrangement which shall respect sensitive environmental
areas and the natural features of the property.
4. A transportation system which provides for high quality vehicular and pedestrian
linkages within the community as well as to the surrounding public roads and
streets.
5. The provision of adequate open space and recreational features to serve the needs
of each neighborhood’s residents.
6. The new community shall be developed in a manner which can assure that the
developer can successfully implement, finance and dedicate to the County all
necessary and adequate public facilities, utilities and other essential community
services to support the ultimate plan of development.
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7. The new community shall be located, configured and buffered to ensure
compatibility of all community uses with the neighboring rural and farming areas
of the County.
8. Demonstration of the application of the above planning criteria through
satisfactory completion of the two phase project planning and zoning amendment
application process.
B. Special Zoning Amendment Application Requirements
1. Prior to the submission of any zoning amendment application for a PCD-O
Overlay District, the applicant must request an amendment to the County’s
Comprehensive Plan. The comprehensive plan amendment must be reviewed by
the Planning Commission and approved by the Board of Supervisors in accord
with the County’s policy for Comprehensive Plan amendments. At the sole
discretion of the Board of Supervisors, a request for Comprehensive Plan
amendment may be initiated, reviewed and approved in a concurrent or near
concurrent process with the application for a PCD-O District zoning amendment.
The Board, at its discretion, may defer its final action on any request for a
Comprehensive Plan amendment until the scheduled date for the public hearing
for final action on the zoning amendment application for the specific PCD-O
District.
2. A PCD-O District zoning amendment application and supporting documentation
must be filed in accord with the “Requirements for Processing and Administration
of Zoning Amendments” in this ordinance as well as the additional application
requirements as outlined in this section.
3. For any applicant to be considered for a Planned Community Development
Overlay District (PCD-O), the zoning application package for the project must
fully demonstrate the achievement of the new community development planning
objectives satisfactory to the Planning Commission and the Board of Supervisors.
4. In addition to the application requirements of 1. above, the applicant for a PCD-O
Overlay District shall clearly describe the scope and intent of the project as well
as the governing land use criteria which shall guide subsequent site plan and
subdivision approvals for development phases. This shall be accomplished by the
following additional application requirements for the subject property:
a.
Planned Community Master Plan
b.
Zoning District Designation Plan
c.
Adequate Public Facilities Plan
d.
Transportation Master Plan
e.
Recreation and Open Space Management Plan
f.
Phasing Plan for Community Infrastructure
g.
Conditional Zoning and Proffer Agreements
h.
Planned Community Design and Development Guidelines
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i.
Fiscal Impact Study
5. Any special requirements for the specific scope and details of each of the
submission requirements outlined in 4. above shall be provided by the Planning
Director subsequent to the required Pre-Application Conference.
C. Special Procedures for Submission and Review of PCD-O
Application
1. Notwithstanding the application process outlined in the “Requirements for
Processing and Administration of Zoning Amendments,” a special schedule shall
apply to the submission and initial review of required documentation for PCD-O
Overlay District zoning amendment application.
2. Prior to the submission of an application for zoning amendment, the applicant
shall schedule and complete a Pre-Application Conference with the Director of
Planning.
3. The application and review for any zoning amendment to the PCD-O Overlay
District shall require a two (2) phase review and approval process, each of which
culminates in an action by the Board of Supervisors in accord with the procedures
outlined in the “Requirements for the Administration and Processing of Zoning
Amendments” and as otherwise modified herein below.
4. Phase 1 application and review process:
a.
Upon completion of the Pre-Application Conference, the applicant shall
submit twenty-five(25) copies of the following materials to the Director of
Planning:
Materials required in “Requirements for the Administration and
Processing of Zoning Amendments”, Section B, Items 1-8, provided that
the Director of Planning may defer certain submission requirements to the
Phase 2 submission phase.
b.
c.
Action by Director of Planning, Planning Commission and Board of
Supervisors shall proceed in accord with the “Requirements for the
Administration and Processing of Zoning Amendments”, Section D, E, F,
and G, provided that the action for approval by the Board of Supervisors is
limited to issuance of a “tentative and conceptual approval” of the district,
which is subject to subsequent required reviews and approvals during the
Phase 2 application process.
Approval of the Phase 1 application and submission by the Board of
Supervisors constitutes “tentative and conceptual approval”, thereby
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d.
permitting the applicant to proceed with the Phase 2 submission and
review process.
The Board of Supervisors shall conduct a minimum of one work session
and one public hearing addressing the applicant’s request for
Comprehensive Plan amendment prior to its public meeting to act on the
Phase 1 “tentative and conceptual approval” of the PCD-O District.
5. Phase 2 submission and review process:
a.
Not later than ninety (90) calendar days
conceptual approval” of the Phase 1
Supervisors, the applicant shall submit
materials outlined in b. - l. herein below
submission and review process.
from the date of “tentative and
submission by the Board of
twenty-five (25) copies of the
in order to activate the Phase 2
These application package submission materials include the items
(b) - (l) outlined herein below:
b.
c.
d.
Materials required in Chapter 4, Requirements for the Administration and
Processing of Zoning Amendments, Section B, Items 9.
All materials deferred by the Director of Planning during the Phase 1
submission which are required in Chapter 4, “Requirements for the
Administration and Processing of Zoning Amendments”, Section B, Items
1-8, provided that the Director of Planning may defer certain submission
requirements therein to a subsequent submission phase.
Planned Community Master Plan , to depict :
1.
proposed land use plan for the project,
2.
the location and character of land uses,
3.
the preliminary alignment plan for the roads and streets in the
community in accord with recommendations of the traffic impact
study,
4.
the type and location of open space and recreational uses,
5.
schematic plan for water and sewer facilities,
6.
schematic plan for stormwater management facilities, Best
Management Practices improvements, and storm drainage
facilities,
7.
an illustrative development plan graphically depicting the location
and type of proposed building improvements, landscape design
features, and special design elements proposed for the district, and
8.
e.
illustrative architectural exhibits depicting the character, style,
scale and materials of proposed building improvements.
Zoning District Designation Plan, to depict the application of the
appropriate individual conventional zoning districts as well as the
proffered conditions related thereto to the specific geographical location
planned for each land use and neighborhood in the new community.
Conventional districts shall be applied to ensure that the Zoning District
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f.
g.
h.
i.
j.
k.
l.
Designation Plan covers the entire geographical area subject to the PCD-O
Overlay District.
Adequate Public Facilities Plan, to document the applicant’s plans for
design, construction, funding and dedication of required infrastructure,
facilities and utilities to serve the district at full development.
Transportation Master Plan, to include an Official Map designating the
alignment and other requirements for the dedication of future rights of
way and easements for all phases of the new community.
Recreation and Open Space Management Plan, to include a plan for the
design, construction, funding and dedication of required recreation, open
space amenities, environmental protection measures and stormwater
management facilities.
Phasing Plan for Community Infrastructure, to ensure timing of
implementation of adequate public facilities and infrastructure.
Conditional Zoning and Proffer Agreements, to be prepared in accord with
the “Proffers and Conditional Zoning” section of this ordinance.
Planned Community Design and Development Guidelines, to be prepared
by the applicant n accord with the County’s criteria for preparation of
community design and development guidelines.
Fiscal Impact Study, to be prepared in accord with the County’s criteria
for preparation of fiscal impact studies.
6. Action by the Director of Planning, Planning Commission, and Board of
Supervisors:
a.
b.
Action by Director of Planning, Planning Commission and Board of
Supervisors shall proceed in accord with the “Requirements for the
Administration and Processing of Zoning Amendments”, Section D, E, F,
and G.
The action for approval of the Phase 2 submission by the Board of
Supervisors shall represent final zoning amendment approval for the
district.
7. Failure to submit Phase 2 application:
a.
Failure to submit the required the Phase 2 application materials to the
Director of Planning within the required ninety (90) calendar day
timeframe shall render the Phase 1 “tentative and conceptual approval null
and void.
b.
Upon determination of a null and void application, the applicant shall be
subject to the requirements of the “Requirements for the Administration
and Processing of Zoning Amendments”, Section H for the
reconsideration of any subsequent application for all or a portion of the
subject property.
8. Extension of Submission Date for Phase 2 Application:
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Upon written request by the applicant, the Board of Supervisors may vote to
extend the submission date for the Phase 2 application, provided that such
extension not exceed an additional ninety (90) calendar day period and that only
one such extension be granted for a given PCD-O District project.
D. Permitted Uses
1. Single family residential dwellings: Regulated by N-R District
(within area delineated on the Zoning District Designation Plan)
2. Attached and multifamily dwellings: Regulated by A/MF-R District
(within area delineated on the Zoning District Designation Plan)
3. Commercial uses: Regulated by N-B District
(within area delineated on the Zoning District Designation Plan)
4. Industrial uses: Regulated by L-I District
(within area delineated on the Zoning District Designation Plan)
5. Other by-right uses: By right uses as regulated in underlying zoning district
(within area delineated on the Zoning District Designation Plan)
6. Communications tower, electrical power substation, transmission lines and
related towers, subject to the regulations of Chapter 15 of this ordinance.
E. Special Permit Uses
1. Special permit uses: uses as regulated in underlying zoning district (within area
delineated on the Zoning District Designation Plan)
2. Ski areas and facilities.
3. Golf course and country clubs.
4. Riding stables and horse show areas.
5. Special event activities and seasonal events.
6. Fairs and carnivals.
7. Amphitheaters and theaters.
8. Any use permitted by right or by special permit in the H-I District.
9. Public utilities.
10. Modification of minimum district size.
11. Modification of requirement for public water and sewer for a specific use.
F. Maximum Density in the PCD-O Overlay District
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1. Maximum residential density: Two (2.0) units per acre in the PCD-O District for
the total geographical area that are assigned for residential uses by the Zoning
District Designation Plan as approved with the PCD-O District.
2. Density in designated zoning district areas: The maximum density permitted in
any individual area shown on the Zoning District Designation Plan shall not
exceed the maximum density permitted in the underlying zoning district.
3. The maximum density for each use within a planning area or neighborhood within
the PCD-O Overlay District shall be shown on the Community Master Plan and
the Zoning District Designation Plan.
G. Lot Size Requirements
1.
2.
3.
4.
Minimum district size: 400 acres
Maximum district size: not regulated
Minimum lot area: Regulated by underlying zoning district (as delineated
on the Zoning District Designation Plan)
Minimum lot width: Regulated by underlying zoning district (as
delineated on the Zoning District Designation Plan)
H. Bulk Regulations:
1. Height: Regulated by underlying zoning district (as delineated on the Zoning
District Designation Plan)
2. Minimum yard requirements: Regulated by underlying zoning district (as
delineated on the Zoning District Designation Plan)
3. Maximum floor area ratio: Regulated by underlying zoning district (as
delineated on the Zoning District Designation Plan)
I. Open Space and Recreation Areas
1. A minimum of forty percent (40%) of the gross district area shall be common
open space dedicated to the community’s common use and ownership.
2. A minimum of thirty percent (30%) of the required common open space area
shall be developed as active recreational areas and this area is intended for
development of the uses and adjunct open areas as defined herein below.
3. Uses within areas designated for active recreational areas may include
playgrounds with recreational structures, tot lots, tennis courts, golf courses,
swimming pools, wading pools, spas and saunas, clubhouse facilities,
community meeting rooms, recreation facilities for the elderly (as required),
and other similar facilities intended for the exclusive use and participation of
residents within the district.
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4. The applicant shall establish that the type and quality of the planned
improvements for the active recreation space shall satisfy the needs of the
residents of the project. The location, mix, type, quality and phasing of active
recreation facilities and open spaces shall be delineated on the General
Development Plan and are subject to Planning Commission approval. A bond
may be required for such improvements and facilities subject to the discretion
of the Planning Commission.
5. No more than thirty percent (30%) of the required common open space area
shall consist of land classified as 100 year floodplain, stream valleys,
wetlands, water features, stormwater management facilities, slopes greater
than 35% and/or drainage easements.
6. In no instance shall open space credit be given for lands which are included in
or reserved for public rights of way or private travelways, individual building
lot areas, loading areas, sidewalks or parking areas.
7. Open space and active recreational areas shall be accessible to all community
uses within the development via dedicated pedestrian access easements.
Walkways and other forms of pedestrian access shall form an interconnected
system within the district, serving as access to open space, recreational areas
and other pedestrian destinations. Pedestrian systems shall be delineated on
the General Development Plan.
8. Where community bike and pedestrian trails intended for public use have been
designated by the Comprehensive Plan or other adopted plan by the County,
the applicant shall connect interior pedestrian trails and sidewalks within the
project, where appropriate, to these community trails.
9. All open space shall be further regulated by landscaping requirements.
10. All common open space, recreational areas and other common properties shall
be preserved for their intended purpose as shown on the approved Recreation
and Open Space Plan and shall be established by metes and bounds on the
Final Subdivision Record Plat.
11. Common open space, recreational areas and other common properties shall be
owned, administered and maintained by a property owners’ association(s),
provided, however, that a portion or all of such properties may be dedicated to
the County subject to and at the sole discretion of the County for acceptance at
time of plat recordation.
12. Property owners’ association by laws, articles of incorporation, restrictive
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covenants and a schedule of maintenance shall be submitted with any
application for subdivision plat or site plan review and approval by the County
Attorney.
13. For open space, recreational areas and other common properties to be retained
by the property owners’ association(s) of the district, the initial
developer/owner of the district or subdivision thereof must establish the
owners’ association as a legal entity prior to the recordation of the final plat.
Membership in the association(s) shall be mandatory for all lot owners within
the subdivision.
14. The owners’ association(s) shall own all common open space and recreational
facilities and shall provide for their perpetual administration, maintenance and
operation.
J. Final Plat/Site Plan
1. The final plat or site plan for a project shall graphically depict the location and
calculate the area for the individual “physical land units”, as defined by
Chapter 2, Paragraph J.3.
2. No PCD-O District lot shall be designed or employed for use in which an area
more than 25% of the prescribed minimum lot area is comprised of one or
more of the following physical land units: (a) slopes 35% or more; (b)
wetlands; (c) 100-year floodplains, (d) sinkholes; and (e) water features.
K. Additional Regulations
1. Refer to the C-O, Corridor Overlay District, where applicable.
2. Refer to Landscaping and Screening Regulations for parking lot landscaping,
rear lot screening, buffer yards, and related landscape architecture provisions.
3. Refer to Sign Ordinance for signage provisions.
4. Refer to Off-Street Parking for parking regulations.
5. All uses shall be subject to site plan approval.
6. All refuse shall be contained in completely enclosed facilities. Refuse
containers and refuse storage shall be located in a paved area and screened
from public view by means of fences, wall or landscaping.
7. In all non-residential uses, storage shall be conducted within the principal
structure which is to be completely enclosed.
8. For any use which is adjacent to uses which may be adversely affected by the
creation of a new curb cut on a public road, street or highway, such use will
require a special use permit.
10. On a corner lot, no curb cut or driveway entrance for an non-residential use
shall be located closer than 50 feet to the right of way line extended from the
intersecting public road, street or highway.
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11. No curb cut or driveway entrance for a non-residential use shall be located
closer than 15 feet to a side or rear lot line, unless a common curb cut serves
adjacent uses, and in no instance shall the distance between separate curb cuts
serving adjacent uses be less than 50 feet.
12. A non-residential freestanding use shall have no more than two curb cuts or
driveway entrances on any single right of way, and such curb cuts shall have a
minimum distance of 100 feet between them.
13. In addition to landscaping and screening requirements, there shall be a
minimum landscaped buffer strip of fifty (50) feet in depth along all district
property frontage with adjoining properties, rights of way and public access
easements. No parking is permitted within the buffer strip.
14. Where a non-residential lot is contiguous to property located in a residential
district, fencing may be required in addition to landscape buffers in such cases
deemed necessary by the Planning Commission with fence material and
heights subject to final plan approval.
15. Gasoline pump islands, canopies and structural elements shall be governed by
the same regulations as applied to a principal structure.
16. Any subdivision or lot which is proposed to be developed on shrink/swell
soils shall require a geotechnical report to be submitted with the preliminary
plat and plans. Such report shall be prepared by a registered professional
engineer and shall address the feasibility of development on the subject soils.
No subdivision plat or site plan shall be approved for final recordation until a
foundation engineering report has been reviewed by the County. All recorded
plats for lots containing shrink/swell soils shall bear the following note:
“This lot contains shrink/swell soils which require special
engineering design for foundations and structural elements. No
structure will be approved for issuance of a building permit until a
foundation engineering design prepared by a certified professional
engineer has been approved for the proposed structure.”
17. The requirement for the provision of public water and sewer for individual
uses on a given lot may be waived in conjunction with a special permit
application. It shall be the responsibility of the applicant to establish the lot
size in consideration of the environmental suitability of the land for private
well or septic systems and shall provide supporting evidence of: (a) the
availability of adequate ground water supply and well system design; and/or
(b) adequate and qualifying lot area to provide for a primary and reserve drain
field site.
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Chapter 3.L
Corridor Overlay District, C-O
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Chapter 3.L: Corridor Overlay District (C-O)
A.
Purpose and Intent
The Corridor Overlay (C-O) District addresses the Comprehensive Plan’s goal of
recognizing the unique character of the entrance corridors and arterial roads which serve
as the gateways to Nelson County and contiguous jurisdictions’ historic destinations as
well as to other points of regional tourism interest or cultural destinations. The protection
and design control of these corridors and gateways is intended to stimulate
complementary new development which will be compatible with the County’s historic
character and which will enhance its attractiveness to tourists, visitors and its residents.
The C-O District is established in accord with Section 15.2-2306 of the Code of Virginia,
as amended, to maintain, preserve, protect and enhance the historic character, cultural
significance, economic vitality, visual quality and architectural style of the County. The
application of this district is intended to ensure that the major existing and planned routes
of tourist access as well as other public access to the County’s historic areas are
developed and maintained in a harmonious and compatible manner. The C-O District
regulations are designed to promote an atmosphere for compatible growth for future
generations, to prevent the intrusion of land use adverse to such purposes and to ensure
that new uses will promulgate the desired character of the C-O District as well as to retain
the character of the County’s highway corridors, touristed areas, and culturally and
historically significant areas.
B.
Application of the C-O District
The boundaries of a C-O District shall be established by the Board of Supervisors and
applied to properties which may be contiguous to or in direct view of existing and
proposed arterial roads and streets serving as access to local and regional historic and
tourist-related areas, provided that existing single family residences located within the CO District which are not listed on the National Register of Historic Places or designated
as a historic landmark by the County are exempt from this district. The C-O District
boundaries shall be delineated and mapped as an overlay district on the Official Zoning
Map as adopted by the Board of Supervisors with amendments thereto as may be adopted
from time to time.
C.
District Administration: Review Board
1.
Review Board Power to Approve: No zoning or building permit shall be
issued for the erection, reconstruction, exterior alteration, restoration,
rehabilitation, razing, relocation or demolition of any building, structure,
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signs, fences, walls, light fixtures, outbuildings, pavements, grading, site
improvements, significant landscaping features or other appurtenant
element in the C-O District unless and until such building or site element
has been approved by the issuance of a Certificate of Appropriateness by
the appointed Corridor Review Board for the County.
2.
General Considerations for Review: The Corridor Review Board
(hereinafter “Review Board”) shall promptly review each application for a
zoning and building permit. In reviewing applications, the Review Board
shall consider only those design features subject to public view and shall
not make any requirements except for the purpose of preventing
development which is architecturally incompatible with the historic
aspects of the overlay districts subject to architectural review. The Review
Board and the Director of Planning, serving as agent to the Review Board,
shall consider, among other things, the following in determining
appropriateness of any structural erection, reconstruction, exterior
alteration or restoration:
A.
The compatibility with the design and development standards and
criteria as included in adopted corridor plans and design guidelines
(at such time as the above plans and guidelines are adopted by the
Board of Supervisors) and, further, with amendments thereto as
may be adopted from time to time.
B.
The appropriateness of the general design geometry and
proportions, structural arrangement, building materials, texture and
color of the proposed building, structure or appurtenant element in
relation to such factors as the compatibility with similar features of
buildings or structures within the area circumscribed by the subject
overlay district(s).
C.
The historical or architectural value and significance of the
building, structure or appurtenant element and its relationship to
the historic or architectural value of the area in which it is
proposed to be located.
D.
The extent to which the building, structure or appurtenant element
will be harmonious with or architecturally incompatible with the
historic buildings within the subject overlay district(s).
E.
The compatibility of planned improvements and renovations with
the architectural and historic quality, character and scale of the
historic buildings in the County of Nelson.
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3.
F.
The effect of the building, structure or appurtenant element on the
Comprehensive Plan’s goals for tourism, economic development,
and land use in and around the County’s designated historic areas
and entrance corridors.
G.
The compatibility of the proposed building, structure or
appurtenant element with the Comprehensive Plan’s goals for
historic preservation and architectural design review.
H.
The ability of the owner to put one’s property to reasonable and
beneficial use.
Additional Considerations for Demolition and Razing: In reviewing an
application to raze or demolish a site, building or structure in the C-O
District, the Review Board shall consider the following:
A.
B.
C.
D.
E.
F.
4.
The public effect of removing or razing a building or other feature
of historic or architectural interest.
The effect on adjoining historic district properties of removing a
building of historic or architectural interest.
The impact of such removal on the Comprehensive Plan’s goals for
historic preservation and district development.
Whether or not the building is of such old and unusual or
uncommon design, texture, and/or material that it could not be
reproduced or reproduced only with great difficulty or expense.
The design and development criteria as included in the County’s
corridor plans and design guidelines (at such time as these plans
and guidelines are adopted) with amendments thereto as may be
adopted from time to time.
The ability of the owner to put one’s property to reasonable and
beneficial use.
Exemptions from Review:
A.
The Review Board shall not consider detailed designs, interior
arrangements or features of a building, structure or appurtenant
element which are not subject to public view from an existing or
proposed public highway or street, public way or other public
place, except when necessary to do so for the purpose of
preventing the location, construction, reconstruction, alteration,
demolition or repair of a building or structure which will be
inconsistent with the preservation and protection of the historic
aspect, setting and environment of the overlay district and other
buildings, structures, signs, land, places or areas therein.
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B.
Agricultural and forestry uses are exempt from review.
C.
Single family and 2-family dwellings are exempt from review.
5.
Application Process: All applications for Review Board approval under
the provision of this article shall be made to the Director of Planning,
agent to the Review Board, at least twenty-one (21) calendar days before
the next regularly scheduled meeting of the Review Board.
6.
Notices: Upon receipt of a complete application, it shall be the Director
of Planning’s responsibility to schedule a hearing at a regular or special
meeting of the Review Board, provided that such hearing notice shall be
posted in a place visible to public view in the County’s Administration
Building not less than five (5) business days nor more than ten (10)
business days prior to the scheduled hearing and advertised in the local
newspaper. Such posted notice shall specify the time and place of hearings
at which person(s) affected may appear and present views.
7.
Application Submission Requirements: In consideration of a complete
application, the Director of Planning or the Review Board may require any
or all of the following information and any other materials as may be
deemed necessary for its review:
A.
B.
C.
D.
Statement of proposed use and user.
Statement of estimated construction time.
Photographs and maps relating proposed use to the surrounding
property and/or the corridor on which it is located.
Site plan drawings, prepared to meet the County site development
plan submission requirements for a Preliminary Site Plan, and
other exhibits showing the location of the existing and proposed
building and site improvements, including:
1.
existing property boundaries, building placement and site
configuration;
2.
existing topography and proposed grading;
3.
location of parking, pedestrian access, signage, exterior
lighting, fencing and other site improvements;
4.
relationship to adjacent land uses;
5.
proposed site improvements, including location of parking,
pedestrian access, signage, exterior lighting, fencing,
buildings and structures and other appurtenant elements;
6.
proposed building color and materials;
7.
relationship of building and site elements to existing and
planned corridor development;
8.
relationship of parking, pedestrian facilities, and vehicular
accessways to existing and planned corridor development;
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9.
E.
F.
G.
H.
I.
other site plans and subdivision plats as may be required by
Nelson County for development approval.
Architectural drawings showing plan view and elevations of new
planned construction or renovations, including drawings of original
building.
A landscaping and buffer plan.
Designs for exterior signing, lighting and graphics, to include
description of materials, colors, placement and means of physical
support, lettering style and message to be placed on signs.
Graphic exhibits depicting compliance with other design elements
as outlined in the County’s Comprehensive Plan as well as other
corridor plans and design guidelines (at such time as these plans
and guidelines are adopted or amended.)
Signatures of all owners of properties subject to the application.
8.
Public Record of Review Board Meetings: A record of the Review
Board actions and proceedings shall be maintained and available to the
general public.
9.
Required Action by Review Board: The Review Board, on the basis of
the required information received from the applicant and upon application
of the appropriate criteria as set forth in this article, shall review and act
upon the application within forty-five (45) calendar days upon submission
of a complete application, unless the application was extended by mutual
agreement of the Review Board and the applicant. The Review Board shall
act to approve, approve with modification, extend, or deny the application.
The Director of Planning shall notify the applicant of actions of the
Review Board within fourteen (14) calendar days from the date of hearing
on which action on the application was taken.
10.
Incomplete Applications: Applications deemed incomplete by either the
Director of Planning or the Review Board shall be returned to the
applicant within fourteen (14) calendar days of initial application
submission. The returned application shall include a letter prepared by
the Director of Planning with adequate instructions to inform the applicant
of additional information required to complete the submission. The
Review Board will not act upon an incomplete application.
11.
Conditions and Limitations on Approval: Review Board approval of an
application submitted under the provision of this article shall expire one
A.
year after the date of such approval unless:
1.
A building permit has been obtained for construction.
2.
An extension has been granted by the Review Board. Such
extension grant shall not exceed six (6) months.
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12.
Appeal of Review Board Decision: Any person aggrieved by any
decision of the Review Board may appeal such decision to the County’s
Board of Supervisors, provided that such appeal is filed within fourteen
(14) calendar days from the date of notification of Review Board decision.
The County’s Board of Supervisors shall consult with the Review Board
in relation to any appeal and may require documentation of any Review
Board decision prior to hearing the appeal. The Board of Supervisors may
affirm, reverse or modify the Review Board decision and shall notify the
Director of Planning of its action.
13.
Appeal of Board of Supervisors’ Decision: Any person aggrieved by any
decision of the County’s Board of Supervisors may appeal such decision
to the Circuit County of Nelson County provided that such appeal is filed
within thirty (30) days after the final decision is rendered by the Board of
Supervisors.
The filing of the said petition shall stay the decision of the Board of
Supervisors pending the outcome of the appeal to the circuit court, except
that the filing of such petition shall not stay the decision of the Board of
Supervisors if such decision denies the right to raze or demolish a historic
landmark, building or structure.
14.
Provisions for Demolition and Razing: In addition to the right of appeal
herein set forth, the owner of a site, object, building or structure within the
C-O District which has been: (a) designated on the National Register of
Historic Places; or (b) designated as a historic landmark by the County
pursuant to the Virginia Board of Historic Resources, the razing of which
is subject to the provisions of this district shall, as a matter of right be
entitled to raze or demolish such site, object, building or structure
provided that:
A.
The owner has applied to the Board of Supervisors for such right.
B.
The owner has for the period of time set forth in the time schedule
hereinafter contained and at a price reasonably related to its fair
market value, made a bona fide offer to sell such site, object,
building or structure and the land pertaining thereto to whomever
gives reasonable assurance that it is willing to preserve and restore
the landmark, building, or structure and the land pertaining thereto.
C.
That no bona fide contract, binding upon all parties thereto, shall
have been executed for the sale of any such landmark, building or
structure and the land pertaining thereto, prior to the expiration of
the applicable time period set forth in the time schedule hereinafter
contained. Any appeal which may be taken to court from the
decision of the governing body, whether instituted by the owner or
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by any other proper party, notwithstanding the provision heretofore
stated relating to a stay of the decision appealed from, shall not
affect the right of the owner to make the bona fide offer to sell
referred to above.
D.
E.
D.
No offer to sell shall be made more than one year after a final
decision by the governing body, but thereafter the owner may
renew his request to the governing body to approve the razing or
demolition of the historic landmark, building or structure. The time
schedule for offers to sell shall be as follows:
l.
Three (3) months when the offering price is less than
twenty-five thousand dollars,
2.
Four (4) months when the offering price is twenty-five
thousand dollars or more but less than forty thousand
dollars,
3.
Five (5) months when the offering price is forty thousand
dollars or more but less than fifty-five thousand dollars or
more but less than seventy-five thousand dollars,
4.
Six (6) months when the offering price is fifty-five
thousand dollars or more but less than seventy-five
thousand dollars,
5.
Seven (7) months when the offering price is seventy-five
thousand dollars or more but less than ninety thousand
dollar, and
6.
Twelve (12) months when the offering price is ninety
thousand dollars or more.
During the timeframe for the offer to sell, the Review Board may
take steps as deemed necessary to preserve, acquire or relocate the
buildings, structures or appurtenant elements in accord with the
purposes of this article, including, but not limited to, coordination
with public agencies, civic groups and citizens.
Permitted Uses and Limitations
1.
2.
All uses shall be governed pursuant to the underlying district regulations
of the zoning district in which the C-O District is located.
Nothing in this article shall be construed to prevent the application of the
building code or other laws and ordinances of the County of Nelson
which are applicable thereto.
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3.
E.
Parking and loading provisions shall be in accordance with the
provision of the zoning ordinance unless otherwise restricted by
the conditions of Review Board approval.
Additions to the C-O District
The Board of Supervisors may adopt an ordinance setting forth the historic landmarks
within the County of Nelson (as established by the Virginia Board of Historic Resources),
and any other property, buildings or structures within the County having an important
historic, architectural or cultural interest, and any historic areas within the County as
defined by Section 15.2-2201 of the Code of Virginia, and areas of unique architectural
value located within designated conservation, rehabilitation or redevelopment districts,
amending the existing zoning ordinance and delineating one or more historic districts,
adjacent to such landmarks, buildings and structures, or encompassing such areas, or
encompassing parcels of land continuous to arterial streets or highways found by the
Board of Supervisors to be significant routes of tourism access to designated historic
landmarks, buildings, structures, or districts within the County or the contiguous
jurisdictions.
The Board of Supervisors may also amend the existing zoning ordinance by delineating
one or more historic districts adjacent to such landmarks, buildings and structures or
encompassing such historic areas, provided, that such amendment of the zoning
ordinance and the establishment of such district or districts shall be in accordance with
the provisions of the Code of Virginia and the provisions of the County Code relative to
amendments to the zoning ordinance.
F.
Review Board Membership and Organization
1.
General Powers and Duties of Review Board: Based on the criteria
established in this article and by other adopted design guidelines of the
County of Nelson, it shall be the function of the Review Board to pass
upon the appropriateness of the exterior architectural features and
appurtenant elements (including site development and landscape features)
of new structures, buildings or appurtenant elements reconstructed, altered
or restored in any C-O District wherever such features are sited on
property contiguous to or in public view from the designated arterial
corridor.
2.
Establishment of Review Board: For the purpose of administering the
provisions of this article, there shall be established an Review Board.
Members of the Review Board shall be appointed by the Board of
Supervisors.
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3.
Membership of Review Board: The Review Board shall consist of seven
(7) citizens, all of whom shall be residents of Nelson County. Each of the
seven members shall be appointed by the Board of Supervisors and shall
be comprised as follows: One of the members shall be a licensed architect
or building contractor, one shall be a professional engineer or registered
landscape architect, one shall be a member of the County’s Planning
Commission, and at least one shall be a citizen who has demonstrated
outstanding interest and knowledge in historical or architectural
development within the County. The Review Board shall elect its Chair,
and the term of office shall be for five years, except that original
appointments shall be made for such terms that the term of one member
shall expire each year.
Appointments to fill vacancies shall be made only for the unexpired term.
Member may be reappointed to succeed themselves. A member whose
term expires shall continue to serve until his successor is appointed and
qualifies. The Review Board shall adopt rules of procedure and keep
minutes of its meetings.
4.
Membership Waiver: A waiver of the membership constituency of the
Review Board may be provided in the event that the Board of Supervisors
cannot fulfill the membership requirements as outlined herein above.
5.
General Rules of Review Board:
A.
There shall be a regular monthly meeting of the Review Board
except that, at the discretion of the Chair, a regular meeting may be
canceled if there is no business pending before the Review Board,
and after inquiry of the other members there is no known new
business to be presented. A schedule of the dates of the monthly
meetings shall be established annually and shall be posted in a
visible place in the Nelson County Administration Office.
B.
Special meetings of the Review Board may be called by the Chair
or by two members upon written request to the secretary. The
secretary shall mail to all members of the Review Board, at least
five days in advance of a special meeting, a written notice fixing
the time and place of the meeting and the purpose thereof. Written
notice of a special meeting is not required if the time of the special
meeting has been fixed at a regular meeting, or if all members are
present at the special meeting or file a written waiver of notice.
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C.
For the conduct of any hearing and the taking of any action, a
quorum shall be not less than a majority of all the members of the
Review Board.
D.
The Review Board may make, alter, or rescind rules and forms for
its procedures, consistent with the ordinances of the County and
the general laws of the Commonwealth of Virginia.
E.
It shall be the continuing duty of the Review Board to define,
update and adopt architectural review standards and design criteria
deemed appropriate to the County of Nelson. These standards and
criteria shall serve as the guideline for making decisions on
specific applications to the Review Board.
F.
It shall be the continuing duty of the Review Board to investigate
and delineate buildings, structures, places and areas in the County
of Nelson having historic interest or value which should be
protected to achieve the purposes and objectives of this article.
The Review Board shall report from time to time to the Board of
Supervisors to make recommendations on district boundaries,
architectural review criteria, design standards and other related
initiatives and considerations deemed appropriate to the effective
operation of the Review Board and the implementation of this
article.
G.
Notwithstanding the provisions of this article, the Review Board
may perform other duties under the authority of the Zoning
Ordinance and as may be designated by the Board of Supervisors.
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Chapter 3.M
Historic Overlay District, H-O
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Chapter 3.M: Historic Overlay District, H-O
A.
Purpose and Intent
The Historic Overlay District, H-O, fulfills the Comprehensive Plan’s goal of
recognizing Nelson’s unique character and promoting the conservation and preservation
of the County’s historic resources and properties.
The H-O District is established in accord with Section 15.2-2306 of the Code of Virginia,
as amended, to maintain, preserve, protect and enhance the architectural excellence,
cultural significance, economic vitality, tourist appeal, visual quality and historic
importance of the County. The purpose of this district is to provide for protection against
destruction or encroachment upon historic areas, buildings, monuments or other features,
or buildings and structures of recognized architectural significance which contribute or
will contribute to the cultural, social, economic, political, artistic or architectural heritage
of Nelson County and the Commonwealth of Virginia.
The H-O District is designed to preserve designated landmarks and other historic or
architectural features, and their surroundings within a reasonable distance, from
destruction, damage, defacement and obviously incongruous development or uses of land
and to ensure that buildings, structures, or signs shall be erected, reconstructed, altered or
restored so as to be architecturally compatible with the historic landmark buildings or
structures within the district.
B.
Application of the H-O District
To enable the district to operate in harmony with the plan for land use and population
density embodied in these regulations, the H-O District has been created as a special
overlay district to be superimposed on other underlying districts contained in these
regulations and is to be so designated by a special symbol for its boundaries on the
Zoning District Map. The boundaries of the H-O District have been drawn and adopted
by the Board of Supervisors to include all lands closely related to and bearing upon the
character of the historic district, thus composing a landscape unit and affording
transitional regulations needed to control potentially adverse and conflicting
environmental influences. The H-O District boundaries shall be delineated and mapped as
an overlay district on the Official Zoning Map as adopted by the Board of Supervisors
with amendments thereto as may be adopted from time to time.
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C.
District Administration: Review Board
1. Review Board’s Power to Approve: No zoning, site plan, subdivision plat, or
building permit shall be issued for the erection, reconstruction, exterior alteration,
restoration, rehabilitation, razing, relocation or demolition of any building,
structure, signs, fences, walls, light fixtures, accessory buildings, pavements,
grading, site improvements, significant landscaping features or other appurtenant
element in an H-O District unless and until such building or site element has been
approved by the issuance of a Certificate of Appropriateness by the Commission
of Architectural Review for the County (hereinafter “Review Board”) .
2. General Considerations for Review: The Review Board shall promptly review
each application for any zoning, site plan, subdivision plat, and building permit
for a building, structure, or property located within an H-O District. In reviewing
applications, the Review Board shall consider only those design features subject
to public view and shall not make any requirements except for the purpose of
preventing development which is incompatible with the historic aspects of the
H-O subject to review. The Review Board shall consider, among other things, the
following in determining appropriateness of any structural erection,
reconstruction, exterior alteration or restoration:
A.
The compatibility with the design and development standards and criteria
as included in this article, in the Historic District Design Guidelines (at
such time as the above plans and guidelines are adopted by the Board of
Supevisors) and, further, with amendments thereto as may be adopted
from time to time.
B
The appropriateness of the general design geometry and proportions,
structural arrangement, building materials, texture and color of the
proposed building, structure or appurtenant element in relation to such
factors as the compatibility with similar features of buildings or structures
within the area circumscribed by the subject H-O District.
C.
The historical or architectural value and significance of the building,
structure or appurtenant element and its relationship to the historic or
architectural value of the area in which it is proposed to be located.
D.
The extent to which the building, structure or appurtenant element will be
harmonious with or architecturally incompatible with the historic
buildings within the subject overlay district(s).
E.
The compatibility of planned improvements and renovations with the
architectural and historic quality, character and scale of the historic
buildings in the County.
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F.
The effect of the building, structure or appurtenant element on the
Comprehensive Plan’s goals for tourism, economic development, and land
use in and around the County’s designated historic areas and entrance
corridors.
G.
The compatibility of the proposed building, structure or appurtenant
element with the Comprehensive Plan’s goals for historic preservation and
architectural design review.
H.
The ability of the owner to put one’s property to reasonable and beneficial
use.
3. Considerations for Demolition and Razing: In reviewing an application to raze
or demolish a site, object building or structure in the H-O District, the Review
Board shall consider the following:
A.
B.
The public effect of removing or razing a building of historic or
architectural interest.
The effect on adjoining historic district properties of removing a building
of historic or architectural interest.
C.
The impact of such removal on the Comprehensive Plan’s goals for
historic preservation and district development.
D.
Whether or not the building is of such old and unusual or uncommon
design, texture, and/or material that it could not be reproduced or
reproduced only with great difficulty or expense.
The design and development criteria as included in the County’s Historic
District Design Guidelines (at such time as these plans and guidelines are
adopted) with amendments thereto as may be adopted from time to time.
The ability of the owner to put one’s property to reasonable and beneficial
use.
E.
F.
4. Exemptions from Review: Certain minor actions which are deemed not to
permanently affect the character of a given HP-O District are exempted from
review. Such actions shall include the following and any similar actions which in
the opinion of the Planning Director will have no more effect on the character of
the district than those listed hereinbelow:
A.
Interior building arrangements or exterior features of a building, structure
or appurtenant element which are not subject to public view from a public
street, public way or other public place, except when necessary to do so
for the purpose of preventing the location, construction, reconstruction,
alteration, demolition or repair of a building or structure which will be
inconsistent with the preservation and protection of the historic aspect,
setting and environment of the HP-O District and other buildings,
structures, signs, land, places or areas therein.
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B.
Addition or deletion of windows, storm windows , shutters, canopies, and
doors of a similar kind, type, color, or texture that match existing
windows, storm windows, and doors, including the addition or deletion of
removable window air conditioners.
C.
Application or use of exterior materials (including roofing and siding) of a
similar kind, type, color, or texture from those already in use which will
substantially cover one or more sides of the structure but which will not
result in destruction or replacement of original exterior material.
D.
Repainting resulting in the same or like color.
E.
Planting of grass, trees and shrubs, but not including landscape treatment
which substantially alters the contour of a landmark site.
F.
Construction of accessory buildings which are in keeping with the
architectural character, materials and scale of the existing structure and its
surroundings except on a site adjacent to a designated landmark site.
G.
Permitted outside storage in a residential which is not visible from a public
street (provided screening and buffers for such storage is provided in
accord with the Landscape Regulations of this ordinance).
H.
Addition or deletion of private television or radio antennas, skylights,
solar collectors, or satellite dishes, in locations not visible from a public
street or right of way.
I.
Agricultural and forestry uses are exempt from review. Notwithstanding
the above, the Planning Director shall have the authority to order that
work be stopped and that an appropriate application be filed for review in
any case where in his opinion the action may produce arresting and
spectacular effects, violent contrasts of materials or colors and intense and
lurid colors or patterns, or incongruous details clearly inconsistent with the
character of the present structures or with the prevailing character of the
H-O District.
5. Application Process: All applications for Review Board approval under the
provision of this article shall be made to the Planning Director, agent to the
Review Board, at least twenty-one (21) calendar days before the next regularly
scheduled meeting of the Review Board.
7. Requirements to Advertise: Upon receipt of a complete application, it shall be
the Planning Director’s responsibility to advertise applications for a hearing at a
regular or special meeting of the Review Board, provided that such hearing notice
is published twice, with the second notice appearing not less than five (5) business
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days nor more than ten (10) business days prior to the scheduled hearing, in a
newspaper having general circulation in the County. Such notice shall specify the
time and place of hearings at which person(s) affected may appear and present
views.
7. Application Submission Requirements: In consideration of a complete
application, the Planning Director and the Review Board may require any or all of
the following information and any other materials as may be deemed necessary
for its review:
A.
Statement of proposed use and user.
B.
Statement of estimated construction time.
C.
Photographs and maps relating proposed use to the surrounding property
and/or the corridor on which it is located.
D.
Site plan drawings, prepared to meet the County site development plan
submission requirements for a Preliminary Site Plan or Preliminary
Subdivision Plat, and other exhibits showing the location of the existing
and proposed building and site improvements, including:
1.
existing property boundaries, building placement and site
configuration,
2.
existing topography and proposed grading,
3.
location of parking, pedestrian access, signage, exterior lighting,
fencing and other site improvements,
4.
relationship to adjacent land uses,
5.
proposed site improvements, including location of parking,
pedestrian access, signage, exterior lighting, fencing, buildings and
structures and other appurtenant elements,
6.
7.
E.
F.
G.
H.
proposed building color and materials,
relationship of building and site elements to existing and planned
corridor development and
8.
relationship of parking, pedestrian facilities, and vehicular access
ways to existing and planned corridor development.
9.
other site plans and subdivision plats as may be required by Nelson
for development approval.
Architectural drawings showing plan view and elevations of new planned
construction or renovations, including drawings of original building.
A landscaping and buffer plan.
Designs for exterior signing, lighting and graphics, to include description
of materials, colors, placement and means of physical support, lettering
style and message to be placed on signs.
Graphic exhibits depicting compliance with other design elements.
8. Public Record of Review Board Meetings: A record of the Review Board
actions and proceedings shall be maintained and available upon request to the general
public.
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9. Required Action by Review Board:
A.
The Review Board, on the basis of the required information received from
the applicant and upon application of the appropriate criteria as set forth in
this article, shall review and act upon the application within forty-five (45)
calendar days upon submission of a complete application, unless the
application was extended by mutual agreement of the Review Board and
the applicant.
B.
The Review Board shall act to approve, approve with modification,
extend, or deny the application.
C.
The Planning Director shall notify the applicant of actions of the Review
Board within fourteen (14) calendar days from the date of hearing on
which action on the application was taken.
10. Incomplete Applications: Applications deemed incomplete by either the
Planning Director or the Review Board shall be returned to the applicant within
fourteen (14) calendar days of initial application submission. The returned
application shall include a letter prepared by the Planning Director with adequate
instructions to inform the applicant of additional information required to complete
the submission. The Review Board will not act upon an incomplete application.
11. Conditions and Limitations on Approval: Review Board approval of an
application submitted under the provision of this article shall expire one year after
the date of such approval unless:
A. A building permit has been obtained for construction.
B. An extension has been granted by the Review Board. Such extension grant
shall not exceed six (6) months.
12. Appeal of Review Board Decision:
A.
Any person aggrieved by any decision of the Review Board may appeal
such decision to the Board of Supervisors, provided that such appeal is
filed within thirty (30) calendar days from the date of notification of
Review Board decision.
B.
The appeal shall be filed with both the Board of Supervisors and the
Review Board, stating in writing the reasons therefore.
C.
The Board of Supervisors shall consult with the Review Board in relation
to any appeal and may require documentation of any Review Board
decision prior to hearing the appeal.
D.
The Board of Supervisors may affirm, reverse or modify the Review
Board decision and shall notify the Planning Director of its action.
13. Appeal of Board of Supervisors Decision:
A.
Any person aggrieved by any decision of the Board of Supervisors may
appeal such decision to the Circuit Court of Nelson provided that such
appeal is filed within thirty (30) days after the final decision is rendered by
the Board of Supervisors.
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B.
C.
The filing of the said petition shall stay the decision of the Board of
Supervisors pending the outcome of the appeal to the circuit court, except
that the filing of such petition shall not stay the decision of the Board of
Supervisors if such decision denies the right to raze or demolish a historic
landmark, building or structure located within the H-District or on the
County’s designated list of historic properties.
The Circuit Court may reverse or modify the decision of the Board of
Supervisors, in whole or in part, if it finds upon review that the decision of
the Board of Supervisors is contrary to law or that its decision is arbitrary
and constitutes an abuse of power or discretion, or the Circuit Court may
affirm the decision of Board of Supervisors.
14. Provisions for Demolition and Razing: In addition to the right of appeal herein
set forth, the owner of a site, object, building or structure within the H-O District
which has been: (a) designated on the National Register of Historic Places or (b)
designated as a historic landmark as by the County pursuant to the Virginia Board
of Historic Resources, the razing of which is subject to the provisions of this
district shall, as a matter of right be entitled to raze or demolish such site, object,
building or structure provided that:
A.
The owner has applied to the Board of Supervisors for such right.
B.
The owner has for the period of time set forth in the time schedule
hereinafter contained and at a price reasonably related to its fair market
value, made a bona fide offer to sell such site, object, building or structure
and the land pertaining thereto to whomever gives reasonable assurance
that it is willing to preserve and restore the landmark, building, or
structure and the land pertaining thereto.
C.
That no bona fide contract, binding upon all parties thereto, shall have
been executed for the sale of any such landmark, building or structure and
the land pertaining thereto, prior to the expiration of the applicable time
period set forth in the time schedule hereinafter contained. Any appeal
which may be taken to court from the decision of the governing body,
whether instituted by the owner or by any other proper party,
notwithstanding the provision heretofore stated relating to a stay of the
decision appealed from, shall not affect the right of the owner to make the
bona fide offer to sell referred to above.
D.
No offer to sell shall be made more than one year after a final decision by
the governing body, but thereafter the owner may renew his request to the
governing body to approve the razing or demolition of the historic
landmark, building or structure. The time schedule for offers to sell shall
be as follows:
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1.
Three (3) months when the offering price is less than twenty-five
thousand dollars,
2.
Four (4) months when the offering price is twenty-five thousand
dollars or more but less than forty thousand dollars,
Five (5) months when the offering price is forty thousand dollars
or more but less than fifty-five thousand dollars or more but less
than seventy-five thousand dollars,
Six (6) months when the offering price is fifty-five thousand
dollars or more but less than seventy-five thousand dollars,
Seven (7) months when the offering price is seventy-five thousand
dollars or more but less than ninety thousand dollars and
Twelve (12) months when the offering price is ninety thousand
dollars or more.
3.
4.
5.
6.
E.
During the timeframe for the offer to sell, the Review Board may take
steps as deemed necessary to preserve, acquire or relocate the buildings,
structures or appurtenant elements in accord with the purposes of this
article, including, but not limited to, coordination with public agencies,
civic groups and citizens.
D. Permitted Uses and Limitations
1.
All uses shall be governed pursuant to the underlying district regulations of
the zoning district in which the HP-O District is located.
2.
Nothing in this article shall be construed to prevent the application of the
building code or other laws and other ordinances of the County of Nelson
which are applicable thereto, provided that provisions of the zoning ordinance
which may be in conflict with this article shall be deemed to be superseded by
this article.
3.
Parking and loading provisions shall be in accordance with the provision of
the zoning ordinance unless otherwise restricted by the conditions of Review
Commission approval.
The normal maintenance of an historic area or building or the charging of
admission fees for visitors, or the visitor tours, centers or services within the
H-O District shall not be considered as a commercial use.
4.
E. Additions to the HP-O District
The Board of Supervisors may adopt an ordinance setting forth the historic landmarks
within the County (as established by the Virginia Board of Historic Resources), and any
other property, buildings or structures within the County having an important historic,
architectural or cultural interest, and any historic areas within the County as defined by
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Section 15.2-2201 of the Code of Virginia, and areas of unique architectural value
located within designated conservation, rehabilitation or redevelopment districts,
amending the existing zoning ordinance and delineating one or more historic districts,
adjacent to such landmarks, buildings and structures, or encompassing such areas, or
encompassing parcels of land continuous to arterial streets or highways found by the
Board of Supervisors to be significant routes of tourism access to designated historic
landmarks, buildings, structures, or districts within the County or the contiguous
jurisdictions. The Board of Supervisors may also amend the existing zoning ordinance by
delineating one or more historic districts adjacent to such landmarks, buildings and
structures or encompassing such historic areas, provided, that such amendment of the
zoning ordinance and the establishment of such district or districts shall be in accordance
with the provisions of the Code of Virginia and the provisions of the County Code
relative to amendments to the zoning ordinance.
F.
Commission of
Organization
1.
2.
3.
Architectural
Review:
Membership
and
Establishment of Review Board: For the purpose of administering the
provisions of this article, there shall be established a Commission of
Architectural Review (“Review Board”).
General Powers and Duties of Review Board: Based on the criteria established
in this article and by other adopted design guidelines of the County, it shall be
the function of the Review Board to pass upon the appropriateness of the
exterior architectural features and appurtenant elements (including site
development and landscape features) of new structures, buildings or
appurtenant elements reconstructed, altered or restored in any HP-O District
wherever such features are sited on property contiguous to or in public view
from the designated arterial corridor.
Membership and Terms of Review Board:
a.
The Commission of Architectural Review (“Review Board”) shall
consist of seven (7) citizens, all of whom shall be residents of the
County of Nelson. The members shall be appointed by the Board
of Supervisors and serve without compensation.
b.
At least one of the members of the Review Board shall be either a
licensed architect or building contractor, one shall be a member of
the Planning Commission, and one shall be a citizen who has
demonstrated outstanding interest and knowledge in historical or
architectural development within the County.
c.
The Review Board shall elect its chairman and the term of office
shall be for five years excepts that original appointments shall be
made for such terms that the term of one member shall expire each
year.
d.
Appointments to the Review Board to fill vacancies shall be only
for the unexpired term of the departing member.
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e.
f.
g.
h.
4.
Duties of the Planning Director:
a.
b.
c.
d.
5.
Members of the Review Board may be reappointed to succeed
themselves. A member whose term expires shall continue to serve
until a successor is appointed and qualifies.
A waiver of the membership constituency of the Review Board
may be provided in the event that the Board of Supervisors cannot
fulfill the membership requirements as outlined hereinabove.
Further and notwithstanding the considerations for membership
and appointment, the Board of Supervisors at its sole discretion
may elect to appoint on either a temporary or permanent basis: the
Planning Commission, a sub-committee of the Planning
Commission, or the Tourism Corridor Review Board to perform
the duties of the Review Board.
The Review Board shall adopt rules of procedure and keep written
minutes of its meetings.
The Planning Director shall act as agent to the Commission of
Architectural Review.
The Planning Director shall submit periodic reports (but not less
than one per year) on the activities of the Commission of
Architectural Review to the Planning Commission and the County
Board of Supervisors.
Upon issuance of a Certificate of Appropriateness, the Planning
Director shall from time to time inspect the alteration or
construction approved by such certificate and shall give prompt
notice to the applicant of any work not in accordance with such
certificate or violation any ordinances of the County.
The Planning Director may revoke the Certificate of
Appropriateness or the building permit if violations are not
corrected by the applicant in a timely manner.
General Rules of the Review Board:
a.
b.
There shall be a regular monthly meeting of the Review Board
except that, at the discretion of the Chair, a regular meeting may be
canceled if there is no business pending before the Review Board
and, after inquiry of the other members, there is no known new
business to be presented. A schedule of the dates of the monthly
meetings shall be established annually, and monthly meetings shall
be advertised in a newspaper having general circulation in the
County.
Special meetings of the Review Board may be called by the Chair
or by two members upon written request to the secretary. The
secretary shall mail to all members of the Review Board, at least
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c.
d.
e.
f.
g.
five days in advance of a special meeting, a written notice fixing
the time and place of the meeting and the purpose thereof. Written
notice of a special meeting is not required if the time of the special
meeting has been fixed at a regular meeting, or if all members are
present at the special meeting, or file a written waiver of notice.
For the conduct of any hearing and the taking of any action, a
quorum shall be not less than a majority of all the members of the
Review Board.
The Review Board may make, alter, or rescind rules and forms for
its procedures, consistent with the ordinances of the County and
the general laws of the Commonwealth of Virginia.
It shall be the continuing duty of the Review Board to define,
update and adopt architectural review standards and design criteria
deemed appropriate to the County. These standards and criteria
shall serve as the guideline for making decisions on specific
applications to the Review Board.
It shall be the continuing duty of the Review Board to investigate
and delineate buildings, structures, places and areas in the County
having historic interest or value which should be protected to
achieve the purposes and objectives of this article. The Review
Board shall report from time to time to the Board of Supervisors to
make recommendations on district boundaries, architectural review
criteria, design standards and other related initiatives and
considerations deemed appropriate to the effective operation of the
Review Board and the implementation of this article.
Notwithstanding the provisions of this article, the Review Board
may perform other duties under the authority of the Zoning
Ordinance and as may be designated by the Board of Supervisors.
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Chapter 3.N
Floodplain Overlay District, FP-O
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Chapter 3.N: Floodplain Overlay District (FP-O)
A.
Purpose and Intent
The purpose of these provisions is to prevent the loss of life and property, the creation of
health and safety hazards, the disruption of commerce and governmental services, the
extraordinary and necessary expenditure of public funds for flood protection and relief,
and the impairment of the tax base by:
1.
2.
B.
regulating uses, activities, and development which, alone or in
combination with other existing or future uses, activities, and development
will cause unacceptable increases in flood heights, velocities, and
frequencies;
restricting or prohibiting certain uses, activities, and development from
locating within districts and areas of Nelson County which are subject to
flooding;
3.
requiring all uses, activities, and developments that do occur in floodplain
districts to be protected or flood-proofed against flooding and flood
damage; and
4.
protecting individuals to the extent practicable from using or buying land
and structures which are unsuited for the intended purposes because of
flood hazards.
Applicability
These provisions shall apply to all lands within the jurisdiction of Nelson County and
identified as situated within the 100-year Floodplain by the Federal Insurance
Administration or as otherwise defined and determined by this chapter.
C.
Compliance and Liability
1.
No land shall hereafter be developed and no structure shall be located,
relocated, constructed, reconstructed, enlarged, or structurally altered
except in full compliance with the terms and provisions of this ordinance
and any other applicable ordinances and regulations, which apply to uses
within the jurisdiction of this ordinance.
2.
The degree of flood protection sought by the provisions of this ordinance
is considered reasonable for regulatory purposes and is based on
acceptable engineering methods of study. Larger floods may occur on rare
occasions. Flood heights may be increased by manmade or natural causes,
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such as ice jams and bridge openings restricted by debris. This ordinance
does not imply that districts outside the Floodplain Overlay District, or
that land uses permitted within such district, will be free from flooding or
flood damages.
3.
D.
This ordinance shall not create liability on the part of Nelson County or
any officer or employee thereof for any flood damages that result from
reliance on this ordinance or any administrative decision lawfully made
here.
Abrogation and Restrictions
This ordinance supersedes any ordinance currently in effect in flood prone lands and
floodplain districts impacted by floodplains or floodways. However, any underlying
ordinance shall remain in full force and effect to the extent that its provisions are more
restrictive than this ordinance.
E.
Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall
be declared invalid for any reason whatever, such decision shall not affect the remaining
portions of this ordinance. The remaining portions shall remain in full force and effect;
and for this purpose the provisions of this ordinance are hereby declared to be severable.
F.
Penalties
1.
Any person who fails to comply with any of the requirements or
provisions of this ordinance or directions of the zoning officer or any other
authorized employee of the Nelson County shall be guilty of a
misdemeanor and subject to the penalties as provided in this ordinance.
2.
In addition to the above penalties all other actions are hereby reserved,
including an action of equity for the proper enforcement of this ordinance.
The imposition of a fine or penalty for any violation of, or noncompliance
with, this ordinance shall not excuse the violation or noncompliance to
permit it to continue; and all such persons shall be required to correct or
remedy such violations or noncompliance within a reasonable time.
3.
Any structure constructed, reconstructed, enlarged, altered or relocated in
noncompliance with this ordinance may be declared by the Board of
Supervisors to be a public nuisance and abatable as such. Flood insurance
may be withheld from structures constructed in violation of this ordinance.
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G.
Definitions
1.
Base Flood/100-year Flood: A flood that, on the average, is likely to
occur once every one hundred years (100) years (i.e., that has a one (1)
percent chance of occurring each year, although the flood may occur in
any year).
2.
Base Flood Elevations (BFE): The Federal Emergency Management
Agency designated 100-year water surface elevation.
3.
Board of Zoning Appeals: The board appointed to review appeals made
by individuals with regard to decisions of the Planning Director, the
Planning Commission or the Board of Supervisors in the interpretation,
administration and implementation of this ordinance.
4.
Development: Any man made change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or
storage of equipment or materials.
5.
Flood:
a.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1.
The overflow of inland or tidal waters.
2.
The unusual and rapid accumulation or runoff of surface
waters from any source.
3.
Mudslides (i.e., mudflows) which are proximately caused
by flooding as defined in paragraph (a)(2) of this definition
and are akin to a river of liquid and flowing mud on the
surfaces of normally dry land areas, as when earth is
carried by a current of water and deposited along the path
of the current.
b.
The collapse or subsidence of land along the shore of a river, lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a flash flood or by some
similarly unusual and unforeseeable event which results in
flooding as defined in (a)(1) of this definition.
Flood-prone area: Any land area susceptible to being inundated by water
from any source.
6.
7.
Floodplain:
a.
A relatively flat or lowland area adjoining a river, stream or
watercourse which is subject to partial or complete inundation;
b.
An area subject to the unusual and rapid accumulation or runoff
of surface water from any source.
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8.
Floodway: The designated area of the floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
ordinance, the floodway shall be capable of accommodating a flood of the
100-year magnitude.
9.
Historic Structure: Any structure that is:
a.
Listed individually in the National Register of Historic Places (a
listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
b.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the
secretary to qualify as a registered historic district;
c.
Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved
by the Secretary of the Interior; or
d.
Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been
certified either:
1.
2.
By an approved state program as determined by the
Secretary of the Interior; or
Directly by the Secretary of the Interior in states without
approved programs.
10.
Manufactured home: A structure subject to federal regulations which is
transportable in one or more sections; is eight (8) body feet or more in
width and forty (40) body feet or more in length in the traveling mode, or
is three hundred twenty (320) or more square feet when erected on site; is
built on a permanent chassis; is designed to be used as a single family
dwelling, with or without a permanent foundation when connected to the
required facilities and includes the plumbing, heating, air conditioning and
electrical systems contained in the structure.
11.
Manufactured home park/subdivision: A parcel (or contiguous parcels)
of land divided into two (2) or more lots for rent or sale.
12.
New construction: For the purposes of determining insurance rates,
structures for which the “start of construction” commenced on or after the
effective date of any initial FIRM or after December 31, 1974, whichever
is later, and includes any subsequent improvements to such structures. For
floodplain management purposes “new construction” means structures for
which the “start of construction” commenced on or after the effective date
of a floodplain management regulation adopted by a community and
includes any subsequent improvements to such structures.
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13.
14.
Recreational vehicle: A vehicle which is:
a.
Built on a single chassis;
b.
Four hundred (400) square feet or less when measured at the
largest horizontal projection;
c.
Designed to be self-propelled or permanently towable by a light
duty truck; and
d.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational camping, travel, or
seasonal use.
Start of Construction: The date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within one hundred eighty
(180) days of the permit date. the actual start means either the first
placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of
a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration on any wall, ceiling,
floor, or other structural part of a building, whether or not the alteration
affects the external dimensions of the building.
15.
Floodplain Overlay District Special Use Permit (or Special Use
Permit): A permit issued by the Board of Supervisors for any permitted
land use or activity located within a Floodplain Overlay District.
16.
Substantial damage: Damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition
would equal or exceed fifty (50) percent of the market value of the
structure before the damaged occurred.
17.
Substantial improvement: Any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds fifty
(50) percent of the market value of the structure before the “start of
construction” of the improvement. This term includes structures, which
have incurred “structural damage” regardless of the actual repair work
performed. The term does not, however, include:
1.
any project for improvement of a structure to correct existing
violations of State or local health, sanitary, or safety code
specifications which have been identified by the local code
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2.
H.
enforcement official and which are the minimum necessary to
assure safe living conditions, or
any alteration of a “historic structure”, provided that the alteration
will not preclude the structures continued designation as a “historic
structure”.
Description of Floodplain Overlay Districts
1.
Basis of Floodplain Overlay Districts: Floodplain Overlay Districts
within Nelson County shall include areas subject to inundation by
waters of the 100year flood. The basis for the delineation of these
districts shall be the Flood Insurance Study (FIS) for Nelson
County, prepared by the Department of Housing and Urban
Development, Federal Insurance Administration, dated February,
1978, as amended.
2
The Floodplain Overlay District may be comprised one or more of
three areas as herein below defined: (a) the Floodway District; (b)
the Flood Fringe District; or (c) the Approximate Floodplain
District.
a.
The Floodway District is delineated, for purposes of this
ordinance, using the criterion that certain areas within the
floodplain must be capable of carrying the waters of the
100-year flood without Increasing the water surface
elevation of that flood more than one (1) foot at any point.
The areas included in this district are specifically defined in
the above referenced flood insurance study and shown on
the accompanying Flood Boundary and Floodway Map or
Flood Insurance Rate Map.
b.
The Flood Fringe District shall be that area of the 100-year
floodplain not included in the Floodplain Overlay District.
The basis for the outermost boundary of the district shall be
the 100-year flood elevations contained in the flood profiles
of the above referenced flood insurance study and as shown
on the accompanying Flood Boundary and Floodway Map
or Flood Insurance Rate Map.
c.
The Approximated Floodplain District shall be that
floodplain area for which no detailed flood profiles or
elevations are provided, but where a 100-year floodplain
boundary has been approximated. Such areas are shown as
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Zone A on the maps accompanying the flood insurance
study. For these areas, the 100-year flood elevations and
floodway information from federal, state, and other
acceptable sources shall be used, when available.
I.
J.
d.
Where, in the opinion of the Planning Director, the specific
100-year flood elevation cannot be accurately determined
for this area using other sources of data, such as the U.S.
Army Corps of Engineers Floodplain Information Reports,
U.S. Geological Survey Flood prone Quadrangles, etc.,
then the applicant for the proposed use, development and/or
activity shall determine this elevation in accordance with
acceptable hydrologic and hydraulic engineering
techniques.
e.
Only qualified engineers shall undertake hydrologic and
hydraulic analyses or others of demonstrated qualifications,
who shall certify that the technical methods used correctly
reflect currently accepted technical engineering concepts
and practices. Studies, analyses, computations, HEC
engineering analysis, and other documentation shall be
submitted in sufficient detail to allow a thorough review by
Nelson County. Floodplain studies shall be certified a
registered professional engineer.
Official Zoning Map for FP-O District(s)
1.
The boundaries of the Floodplain Overlay (FP-O) District(s) are
established by and as shown on the Flood Boundary and Floodway Map
and/or Flood Insurance Rate Map which is declared to be a part of this
ordinance and which shall be kept on file at the Nelson County
Administrator’s office.
2.
The FP-O District boundary may be further established and defined by
appropriate engineering and survey methodology on subdivision plats and
site plans that accompany any land use application.
Floodplain Overlay District Boundary Changes
The delineation of any of the Floodplain Overlay Districts may be revised the Board of
Supervisors where natural or manmade changes have occurred and/or where more
detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers
or other qualified agency, or individual studies, plans and analysis that documents the
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need for such change. However, prior to any change in a district boundary, appropriate
reviews, approvals and certifications must be obtained from the Federal Insurance
Administration.
K.
Interpretation of Flood Plain Overlay District Boundaries
The Planning Director may make initial interpretations regarding the approximate
boundaries of the Floodplain Overlay Districts based on the mapping provided on the
Flood Boundary and Floodway Map and/or Flood Insurance Rate Map. Should a dispute
arise concerning the boundaries of any of the districts, the Board of Supervisors, upon
recommendation by the Planning Commission, shall make the necessary final
determination.
The person questioning or contesting the location of the district boundary shall be given a
reasonable opportunity to present their case to the Board of Supervisors and to submit
relevant hydrologic and hydraulic engineering studies as evidence if they so desire.
Subsequent appeals or related variances and appeals may be presented to the Board of
Zoning Appeals for consideration and action under the rules and regulations related
thereto.
L.
Floodplain Overlay District Application Requirements
1.
Floodplain Special Use Permit Requirement: All uses, activities, and
development occurring within any Floodplain Overlay District shall be
undertaken only upon the issuance of a special use permit. Such
development shall be undertaken only in strict compliance with the
provisions of this ordinance, the special use permit regulations, the site
plan regulations, and with all other applicable codes and ordinances, such
as the Virginia Uniform Statewide Building Code and the Nelson County
Subdivision Regulations. A site plan shall be required in accord with the
applicable standards of this ordinance.
2.
Prior to the consideration and issuance of any permit by the Board of
Supervisors, the Planning Director shall require all applications to include
compliance with all applicable state and federal laws. Under no
circumstances shall any use, activity, and/or development adversely affect
the capacity of the channels or floodway of any watercourse, drainage
ditch, or any other drainage facility or system.
3.
Alteration or relocation of watercourse: Prior to any proposed alteration
or relocation of any channels or of any watercourse, stream, etc., within
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this jurisdiction a permit shall be obtained from the U.S. Corps of
Engineers, the Virginia State Water Control Board, and the Virginia
Marine Resources Commission (a joint permit application is available
from any of these organizations). Furthermore, notification of the proposal
shall be given by the applicant to all affected adjacent jurisdictions, the
Division of Soil and Water Conservation (Department of Conservation
and Recreation), and the Federal Insurance Administration.
4.
Site plans to be submitted with Floodplain Overlay District special use
permits applications: All site plans for special use permit for permitted
development or land use activities in the Floodplain Overlay District and
all building permits issued for the floodplain use or activity shall
incorporate the information contained herein below as deemed necessary
for determining the suitability of the particular site for the proposed use:
a.
Plans drawn to scale showing the nature, location, dimensions,
and elevation of the lot, existing or proposed structures, fill,
storage of materials, flood proofing measures, and the relationship
of the above to the location of the channel, floodway, and the
flood protection elevation.
b.
For structures to be elevated, the elevation of the lowest floor
(including basement).
For structures to be flood proofed (nonresidential only), the
elevation to which the structure will be flood proofed.
The elevation of the 100-year and 500-year flood.
Topographic information showing existing and proposed ground
elevations.
A typical valley cross section showing the channel of the stream,
elevation of land areas adjoining each side of the channel, cross
sectional areas to be occupied by the proposed development, and
high water information.
Plans (surface view) showing elevations or contours of the ground;
pertinent structure, fill, or storage of all proposed and existing
structures on the site; location and elevations of streets, water
supply, sanitary facilities; photographs showing existing land uses
and vegetation upstream and downstream, soil types, and other
pertinent information.
Specifications for building construction and materials, flood
proofing, filling, dredging, grading, channel improvement, storage
of materials, and water supply.
Plans, sections and methods for stream channel enhancements
and restoration, including bioengineering methods to ensure
stabilization of post-development drainage impacts.
c.
d.
e.
f.
g.
h.
i.
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j.
M.
Engineering studies and documentation related to hydrology and
hydraulics to determine the floodplain elevations for 100-year and
500-year storm events. HEC II and III or other appropriate
engineering calculations to establish flood elevations and flood
sections shall be included.
Manufactured Homes in Floodplain Overlay Districts
Manufactured homes that are placed or substantially improved on sites shall be elevated
on a permanent foundation such that the lowest floor of the manufactured home is
elevated to or above the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist floatation, collapse and/or lateral movement.
N.
Recreational Vehicles in Floodplain Overlay Districts
Recreational vehicles to be placed on sites shall:
1.
Be on the site for fewer than one hundred eighty (180) consecutive days,
be fully licensed and ready for highway use, or
2.
Meet the permit requirements for placement and the elevation and
anchoring requirements for manufactured homes in Section M. above.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security devices, and has
no permanently attached conditions.
O.
Limitations
Elevations:
and
Restrictions
to
Increases
in
Floodplain
1.
Floodway District: In the Floodway District, no encroachments, including
fill, new construction, stream crossing, substantial improvements, or other
development, shall be permitted unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practices that the proposed encroachment would not result in
any increase in the 100-year floodway elevation.
2.
Approximated Floodplain District: Within the Approximated Floodplain
District, the applicant shall delineate a floodway area based on the
requirement that all existing and future development not increase the 100year flood elevation more than one foot at any one point.
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3.
P.
Engineering analysis shall be required to support the above limitations and
restrictions.
Relationship to Other Codes and Ordinances
In the Flood Fringe and Approximated Floodplain Districts, the development or use of
the land shall be permitted by Floodplain Overlay District special use permit in
accordance with the regulations of the underlying area provided that all such uses,
activities, or development shall be undertaken in strict compliance with the flood
proofing and related provisions contained in the Virginia Uniform Statewide Building
Code and all other applicable federal, state and local codes and ordinances.
Q.
Permitted Uses in the Floodplain Overlay District
The following uses and activities are permitted by special use permit, provided that they
are otherwise in compliance with the provisions of the underlying zoning district and are
not prohibited by any other ordinance and provided that they do not require structures, fill
or storage of materials and equipment:
R.
1.
Agricultural uses, such as general farming, pasture, grazing, outdoor
plants nurseries, horticulture, truck farming forestry, sod farming and wild
crop harvesting.
2.
Public and private recreational uses and activities, such as parks, day
camps, picnic grounds, golf courses, boat launches, swimming areas (not
pools), horseback riding and hiking trails, wildlife and nature preserves,
game farms, fish hatcheries, trap and skeet game ranges, and hunting and
fishing areas.
3.
Accessory residential uses, to include yard areas, gardens, play areas and
pervious loading areas exclusive of structures.
4.
Accessory industrial and commercial uses, to include yard areas, pervious
parking and loading areas, and airport landing strips.
5.
6.
Flood warning aids and water measurement devices.
Stream crossings, bridges, roads, cable, telephone, electric, water, sewer
and other utilities, storm culverts and other storm drainage appurtenances.
Use and Activities Generally Prohibited
All uses other than those specified in section Q. above that are otherwise permitted in the
underlying zoning district shall be prohibited unless an exception or variance is approved
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by the Board of Zoning Appeals. Exceptions and variances are allowed only after the
applicable development standards have been waived by the Board of Zoning Appeals
upon evaluation and recommendation by the Planning Director.
S.
General Design Criteria for Utilities and Facilities
1.
Sanitary sewer facilities: All new or replacement sanitary sewer facilities
and private package sewage treatment plants (including all pumping
stations and collector systems) shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the
systems into the flood waters. In addition, they should be located and
constructed to minimize or eliminate flood damage and impairment.
2.
Water facilities: All new or replacement water facilities shall be designed
to minimize or eliminate infiltration of flood waters into the system and be
located and constructed to minimize or eliminate flood damages.
3.
Drainage facilities: All storm facilities shall be designed to convey the
flow of surface waters without damage to persons or property. The
systems shall ensure drainage away from buildings and on site waste
disposal sites.
The Board of Supervisors may require a primarily underground system to accomodate
large, less frequent floods. Drainage plans shall be consistent with local and regional
drainage plans. The facilities shall be designed to prevent the discharge of excess runoff
onto adjacent properties. Stormwater management facilities may not be located within the
Floodplain Overlay District.
4.
Utilities: All utilities, such as gas lines, electrical and telephone systems
being placed in flood prone areas should be located, elevated (where
possible), and constructed to minimize the chance of impairment during a
flooding occurrence.
5.
Streets and sidewalks: Streets and sidewalks should be designed to
minimize their potential for increasing and aggravating the levels of flood
flow. Drainage openings shall be required to sufficiently discharge flood
flows without unduly increasing flood heights.
6.
All utilities and facilities shall be designed and constructed in accord
with the accepted standards of Nelson County and the State of Virginia.
T.
Determination of Appropriateness of Special Use Permits in
Floodplain Overlay Districts
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In acting upon applications for Floodplain Overlay District special use permits, the Board
of Supervisors, upon recommendation by the Planning Commission and Planning
Director, shall satisfy all relevant factors and procedures specified in other articles of the
zoning ordinance and shall consider the following additional factors related to the
property and its impacted floodplain or floodway:
1.
The danger to life and property; due to increased flood heights or
velocities caused by encroachments. No special use permit or variance
shall be granted for any proposed use, development, or activity within any
Floodplain Overlay District that will cause any increase in the 100-year
flood elevation;
2.
The danger that materials may be swept on to other lands or downstream
to the injury of others;
3.
The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination, and unsanitary conditions
4.
The susceptibility of the proposed facility and its content to flood damage
and effect of such damage on the individual owners.
5.
The importance of the services provided by the proposed facility to the
community.
6.
The requirements of the facility for a waterfront location.
7.
The availability of alternative locations not subject to flooding for the
proposed use.
8.
The compatibility of the proposed use with the existing development and
development anticipated in the foreseeable future.
9.
The relationship of the program use to the comprehensive plan and
floodplain management program for the area.
10.
The safety of access by ordinary and emergency vehicles to the property
in time of flood.
11.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site.
12.
The repair or rehabilitation of historic structures upon a determination that
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the proposed repair or rehabilitation will not preclude the structure’s
continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the
structure.
13.
U.
Such other factors which are relevant to the purposes of this ordinance.
Procedures for Special Use Permits
1.
Applications for use of properties impacted by floodplains and floodways
shall be processed in a manner consistent with procedures for special use
permits and site plans.
2.
Prior to action by the Board of Supervisors and the Planning Commission,
the Planning Director may refer any application and accompanying
documentation pertaining to any request for a special use permit to any
engineer or other qualified person or agency for technical assistance in
evaluating the proposed project in relation to flood heights and velocities,
and the adequacy of the plans for flood protection and other related
matters.
3.
Special use permits shall be issued only after the Board of Supervisors,
upon recommendation by the Planning Commission and Planning
Director, has determined that the granting of such will not result in:
a.
b.
c.
d.
e.
f.
an increase in restrictions or limitations to flood heights as
governed by this article;
additional threats to public safety;
extraordinary public expense; and, further, which
will not create nuisances,
will not cause fraud or victimization of the public, or
will not conflict with local laws or ordinances.
4.
In addition to 3. herein above, special use permits shall be issued only
after the Board of Supervisors has determined that the special use permit
will not create a condition that will be detrimental to the health, safety and
general welfare of the residents of Nelson County.
5.
Notification: Pursuant to the approval of any special use permit within a
Floodplain Overlay District, the Planning Director shall notify the
applicant for a special use permit, in writing, of the action taken by the
Board of Supervisors. In cases where the issuance of the special use
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permit causes a land use or activity to incorporate a structure located
below the 100-year flood elevation, the applicant shall be notified that
such construction: (a) may increase the risks to life and property; and (b)
may result in increased premium rates for flood insurance.
6.
A record shall be maintained by the Planning Director of the above
notification as well as all special use permits actions, including
justification for the issuance of a special use permit. Any special use
permit, when issued, shall be noted in the annual or biennial report
submitted to the Federal Insurance Administrator.
V.
Determination of Appropriateness Variances, Exceptions and
Appeals in Floodplain Overlay Districts
In acting upon applications for a variance, exception or appeal for any land use or activity
in a Floodplain Overlay District, the Board of Zoning Appeals, upon recommendation by
the Planning Director, shall satisfy all relevant factors and procedures specified in other
articles of the zoning ordinance and shall consider the following additional factors related
to the property and its impacted floodplain or floodway:
1.
2.
The danger to life and property; due to increased flood heights or
velocities caused by encroachments;
The danger that materials may be swept on to other lands or downstream
to the injury of others;
3.
The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination, and unsanitary conditions
4.
The susceptibility of the proposed facility and its content to flood damage
and effect of such damage on the individual owners.
5.
The importance of the services provided by the proposed facility to the
community.
6.
The requirements of the facility for a waterfront location.
7.
The availability of alternative locations not subject to flooding for the
proposed use.
The compatibility of the proposed use with the existing development and
development anticipated in the foreseeable future.
8.
9.
10.
The relationship of the program use to the comprehensive plan and
floodplain management program for the area.
The safety of access by ordinary and emergency vehicles to the property
in time of flood.
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11.
12.
13.
W.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site.
The repair or rehabilitation of historic structures upon a determination that
the proposed repair or rehabilitation will not preclude the structure’s
continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the
structure.
Such other factors which are relevant to the purposes of this ordinance.
Procedures for Variances, Exceptions and Appeals
1.
Appeals and applications for variances and exceptions shall be conducted
in accord with the procedures, requirements and provisions of Chapter 13,.
Board of Zoning Appeals.
2.
Prior to action by the Board of Zoning Appeals on a variance, exception
or appeal to action of the Board of Supervisors for a land use or activity
within a Floodplain Overlay District, the Planning Director may refer any
application and accompanying documentation pertaining to any request for
a variance, exception or appeal to any engineer or other qualified person
or agency for technical assistance in evaluating the proposed project in
relation to flood heights and velocities, and the adequacy of the plans for
flood protection and other related matters.
3.
A variance, exception or appeal shall be issued only after the Board of
Zoning Appeals, upon recommendation by the Planning Director, has
determined that the granting of such variance, exception or appeal will not
result in:
a.
b.
c.
d.
e.
f.
unacceptable or prohibited increase in flood heights,
additional threats to public safety,
extraordinary public expense; and
will not create nuisances,
will not cause fraud or victimization of the public, or
will not conflict with local laws or ordinances.
4.
A variance, exception or appeal shall be issued only after the Board of
Zoning Appeals has determined that the variance, exception or appeal will
be the minimum required to provide relief from any hardship to the
applicant.
5.
Notification: Pursuant to the approval of a variance, exception or appeal
within a FP-O, Floodplain Overlay District, the Planning Director shall
notify the applicant for a variance, exception or appeal, in writing, that the
issuance of a variance, exception or appeal to construct a structure below
the 100-year flood elevation: (a) increases the risks to life and property;
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and (b) will result in increased premium rates for flood insurance.
6.
X.
A record shall be maintained by the Planning Director of the above
notification as well as variance, exception or appeal actions, including
justification for the issuance of a special use permit or variance. A
variance, exception or appeal, when issued, shall be noted in the annual or
biennial report submitted to the Federal Insurance Administrator.
Existing Structures in Floodplain Districts
A structure or use of a structure or premises, which lawfully existed before the enactment
of these provisions but which is not in conformity with these provisions may be
continued subject to the following conditions:
1.
Existing structures in the Floodplain Overlay District shall not be
expanded or enlarged unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice that the proposed expansion would not result in any increase in
the 100-year flood elevation
2.
Any modifications, alteration, repair, reconstruction, or improvement of
any kind to a structure and/or use, located in any floodplain area to an
extent or amount of less than fifty (50) percent of its market value, shall be
elevated and/or flood proofed to the greatest extent possible.
3.
The modifications, alteration, repair, reconstruction, or improvement of
any kind to a structure and/or use, regardless of its locations in a
floodplain area to an extent or amount of fifty (5) percent or more of its
market value, shall be undertaken only in full compliance with the
provisions of this ordinance and the Virginia Uniform Statewide Building
Code.
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Chapter 4
Zoning Amendments
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Chapter 4: Zoning Amendments
A.
Initiation of Zoning Amendments and Changes
Whenever the public necessity, convenience, general welfare or good zoning practice
requires, the Board of Supervisors of Nelson County may by ordinance amend,
supplement or change: (a) the text of the Zoning Ordinance; (b) the zoning district
boundaries of the Nelson County Official Zoning Map; or (c) the zoning district
classification of property.
Any such amendment may be initiated by:
1. Board of Supervisors on its own motion;
2. Recommendation by the Planning Commission to the Board of Supervisors;
3. Petition of the owner(s), contract purchaser with the owner(s) written consent or
the owner(s) agent with the owner(s) written consent, of the property which is the
subject of the proposed amendment. All owners of record must sign the
application in order for the application to be deemed “complete.”
B.
Requirements for Zoning Amendment Application:
For zoning amendment applications initiated by a property owner’s petition in accord
with paragraph A.3. above, the applicant shall be responsible for the preparation and cost
of all plans, surveys, materials, exhibits, participation in any required notifications, fees
and other considerations related to the application. All petitions for zoning map
amendment (rezoning) or zoning ordinance text change related thereto shall include a
complete and signed rezoning application as well as other materials as specified
hereinafter.
Twenty-five (25) copies of the application must be submitted to the office of the Director
of Planning and shall include, at a minimum, the following:
1. Names, addresses and relationship to the land of all owners and applicants for
rezoning of the property described in the application or who may have an interest
in the development of the subject property. Where the application is filed by an
agent, contract purchaser or lessee, a written and notarized statement shall be
provided signed by the title owner or owners indicating endorsement of the
application by the owner or owners and authorizing the applicant to seek the
rezoning on their behalf.
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2. A notarized affidavit, signed by the applicant(s), stating whether or not any
member of the Planning Commission or the Board of Supervisors has any interest
in the land to be rezoned either individually, by ownership of stock in a
corporation owning such land, partnership, as the beneficiary of a trust, or the
settler of an irrevocable trust or whether any member of their immediate
household has any such interest in the outcome of the decision.
3. Tax map of the property to be rezoned.
4. A certified plat showing a current metes and bounds survey as well as easements
and other physical survey elements of the property to be rezoned, with the seal
and signature of the Certified Land Surveyor or Engineer preparing the plat. The
Director of Planning shall establish guidelines for determination of currency of
plat.
5. A current legal description of property and area (in square feet or acres) of the
property to be rezoned.
6. Location of all existing buildings and structures.
7. Statement of purpose, feasibility and justification of the proposed amendment, to
include:
a.
A report addressing the relationship of the proposed zoning to the
Comprehensive Plan or any adopted ordinance, land use plan, facility plan
or other County documents and policies which may be related to the
application.
b.
A report addressing and quantifying the physical, transportation, public
infrastructure, public water and sewer, community facilities, schools, fire
and EMS, libraries, police and sheriff, and environmental impacts of the
proposed land use(s) for the rezoning.
c.
Description and graphic exhibits of areas having cultural, environmental
or historic significance.
d.
Description of proposed development, including a statement addressing
the impact of the development on adjoining properties and neighborhoods.
e.
A statement addressing the adequacy of public services and infrastructure,
including regional systems such as stormwater management, to serve the
proposed land uses.
f.
A statement addressing special amenities and improvements to be
included with the proposed development, including quantification of open
space, recreational areas, public use areas, private use areas, and required
landscaped spaces.
g.
A statement and graphic planning exhibit setting forth the timing and
phasing of the proposed development. The phasing plan should be tied to
construction.
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h.
Any conditional elements and additional information that the applicant
may desire to proffer in the consideration of the zoning amendment.
8. A General Development Plan which graphically presents the scope and intent of
the proposed development to include graphic depictions of the following:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Schematic land use plan: to be prepared on an accurate base map with 2’
contour intervals and a horizontal scale of 1” = 50’ or other appropriate
contour interval and scale to be approved by the Director of Planning prior
to submission of application.
Proposed location and height of building and other physical improvements
including parking and loading spaces.
Proposed location, type, size and area of open spaces, recreational areas
and other community facilities.
Proposed density of development, maximum floor area coverage, dwelling
unit count and estimate of net developable areas in accord with the
provisions of the applicable zoning district(s).
Plan of vehicular and pedestrian circulation.
Environmental features (including 100 year flood plain, wetlands, soils
with high shrink/swell characteristics, sinkholes, quarried and filled land
and other sensitive environmental areas.)
Schematic plan for storm drainage and stormwater management
improvements.
Schematic plan for public water and sewer services.
Schematic plan depicting how adjacent and neighboring properties shall
be protected from any adverse effects of the proposed development,
including screening, buffering, fencing and related landscape treatments.
Schematic development and/or subdivision plan depicting the
phasing of the proposed development if the project is to be developed in
more than one phase.
9. When deemed necessary due to project size, scope, location and potential impacts
by and at the sole discretion of the Director of Planning or the Planning
Commission, the following studies and additional information shall be provided:
a.
b.
c.
A traffic impact assessment, prepared in accord with the criteria included
in the County’s design, development, and construction standards, showing
the effect of traffic generated by this project on surrounding streets and
neighborhoods.
A public infrastructure utility impact analysis, showing the effect
(location, demands, cost, etc.) of the project on public water, sewer and
storm drainage facilities, to be prepared in accord with the criteria
included in the County’s design, development, and construction standards.
A fiscal impact analysis indicating the relative revenues and expenditures
of the proposed development, to be prepared in accord with the criteria
included in the County’s design, development, and construction standards
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d.
Any additional information which is deemed necessary to fully evaluate a
zoning amendment.
10. A complete application package and a signed application form.
11. The names, addresses and tax map identification numbers of all owners of
abutting property and property immediately across the street from the property
requested to be rezoned and any abutting property or property immediately across
the street from the property requested to be rezoned which lies in the County.
12. An application fee as provided for in Director of Planning’s Schedule of Fees.
C. Pre-Application Conference Requirement:
1. A Pre-Application Conference shall be conducted with the Director of Planning
and the Plan Review Committee prior to the submission of an application for
zoning amendment. No application will be accepted prior to completion of the
Pre-Application Conference.
2. A Pre-Application Conference shall be scheduled by the applicant through the
office of the Director of Planning.
3. Regular dates for Pre-Application Conference shall be determined by the Director
of Planning but held on a frequency of not less than one per month.
4. The Director of Planning shall provide the minutes of the Pre-Application
Conference to the Planning Commission at its next regularly scheduled meeting
after the date of the conference.
D.
Action on Application by Director of Planning:
1. The application for zoning amendment shall be reviewed for completeness by the
Director of Planning and designated members of the County staff. A
determination of completeness of the application shall be made within fourteen
(14) days from date of submission. If the applicant is not deemed “complete”, it
shall be returned to the applicant with written correspondence provided which
outlines the nature and areas in which the applicant is incomplete. No further
review shall be conducted on an application which is deemed incomplete.
2. Within thirty (30) days of the receipt of a complete application, the Director of
Planning shall prepare a staff report outlining the review findings and other
relevant comments and recommendations related to the proposed zoning
amendment. This report shall be forwarded to the Planning Commission prior to
the first public meeting on the application.
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E.
Action on Application by Planning Commission
1. Upon receipt of the staff review report of a complete application, the Director of
Planning shall set a time and place for a public hearing by the Planning
Commission on said amendment and direct that the public notice for said
amendment be given as required in Section 15.2-2204 of the Code of Virginia.
2. No zoning amendment or change shall be adopted, amended or reenacted by the
Board of Supervisors unless a complete application on the proposed amendment
has been reviewed by the Planning Commission.
3. The Commission shall hold at least one (1) public hearing on such proposed
amendment after required notice have been given. Following the hearing, the
Planning Commission shall prepare and by motion adopt its recommendations,
which may include changes in the original proposal resulting from the hearing and
hall report such recommendations, together with any explanatory matter and the
Commission’s statement, by motion or resolution, indicating the public purposes
to the Board of Supervisors.
4. Failure of the Planning Commission to report within ninety (90) days after the
first meeting of the Commission after the proposal has been referred to the
Commission shall be deemed a recommendation for approval, unless such
proposal has been withdrawn or deferred by and at the request of the applicant
prior to the expiration of such time period.
F.
Posting of Property by Applicant:
1. A “Public Notice” sign or signs indicating the zoning case number and other
information required by the Director of Planning shall be posted in a prominent
place on the property subject to the application and such sign shall be visible from
a public street. The sign or signs, as provided by the Director of Planning, shall be
erected by the applicant and shall be located within ten (10) feet of a boundary
which abuts a public street or road.
2. The sign or signs shall be posted fourteen (14) days prior to the scheduled
Planning Commission public hearing and shall remain on the property until action
on the application has been taken on the application by the Board of Supervisors.
3. The applicant shall be responsible for ensuring that the sign is maintained during
this period. It shall be unlawful for any person, except the applicant or designated
personnel of the County of Nelson to remove or tamper with any sign during the
period it is required to be maintained.
G.
Action on Application by Board of Supervisors
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1. Before approving and adopting any amendment to this chapter, the Board of
Supervisors shall hold at least one (1) public hearing thereon (whether or not
jointly held with the Planning Commission), after public notice and written notice
as required in Section 15.2-2204 of the Code of Virginia, after which the Board of
Supervisors may make appropriate changes or corrections in the proposed
amendment; provided, however, that no additional land may be zoned to a
different classification than was contained in the public notice without an
additional public notice and written notice as required in Section 15.2-2204 in the
Code of Virginia.
2. An affirmative vote of at least a majority of the members of Board of Supervisors
shall be required to approve a zoning amendment.
3. In the event of a change by the applicant in the proposed amendment subsequent
to action by the Planning Commission, the Board of Supervisors, at its discretion,
may refer the change back to the Planning Commission for additional input and
recommendations.
4. The minutes of Board of Supervisor actions on zoning amendments shall be
presented to the Planning Commission at the next regularly scheduled meeting
after such action.
H.
Reconsideration of Request
1. No consideration of a new request for amendment or change initiated by a
property owner’s petition in accord with paragraph A.3. herein above and as
further provided for in this Article, including any change to the boundaries or
designations on the Official Zoning Map, which is deemed substantially the same
request as an earlier application filing, shall be considered within three hundred
sixty-five (365) calendar days of the date action by the Board of Supervisors. Any
such reconsideration of request shall be acted upon in a like manner to an original
zoning amendment application.
2. The provision of paragraph H.1. herein above shall not impair the right of either
the Planning Commission or the Board of Supervisors to propose any amendment
to this ordinance on their own motion at any time.
I. Withdrawal of Application:
1. Applications for a change in zoning may be withdrawn from consideration by the
applicant at any time prior to any vote by the Planning Commission or Board of
Supervisors, provided that no new application concerning any or all of the same
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property shall be filed within three hundred sixty-five (365) calendar days of the
date of action by the Planning Commission or Board of Supervisors unless the
body approving the withdrawal specifies that the time limitation shall not apply
and, thereby, permits the application to be withdrawn “without prejudice.”
2. The applicant shall not be entitled to any refund of application fees upon
withdrawal of an application.
J.
Amendments and Variations of Conditions
There shall be no amendment, change or variation of any condition created pursuant to
the provisions of this Article until after a public hearing before Board of Supervisors
advertised pursuant to the provisions of the Code of Virginia.
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Chapter 5
Proffers and Conditional Zoning
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Chapter 5: Proffers and Conditional Zoning
A.
Purpose
It is the purpose of this chapter to provide a procedure by which conditional zoning may
be used in the County of Nelson in accordance with the enabling legislation provided in
the Code of Virginia.
It is the policy of the County to encourage the voluntary proffering of conditions by the
applicant in cases where the use of traditional zoning methods is inadequate to achieve
certain desired goals and where the proffered conditions will offset identified problems to
the extent that the proposed rezoning is thus acceptable. The use of conditional zoning is
not to be encouraged: (a) where the proffered conditions do not sufficiently offset
identified problems; (b) where the proffered conditions are unrelated to identified
problems; or (c) where traditional zoning methods are adequate to achieve certain desired
goals.
It is further the purpose of this section to allow for complete and timely review and
evaluation of the proffered conditions by the County Staff, the Planning Commission and
the Board of Supervisors.
B.
Conditional Zoning Defined
As part of classifying land via police powers within the County into areas and districts by
legislative action, the allowing of reasonable conditions governing the use of such
property, with such conditions being in addition to, or modification of, the regulations
provided for a particular zoning district or zone by the County’s adopted zoning
ordinance. Refer to Chapter 4 for specific requirements for zoning amendments.
C.
General Criteria for Proffers
Any applicant for a zoning map amendment (rezoning) may, as a part of a rezoning
application, proffer reasonable conditions concerning the use and development of one’s
property, including off-site improvements that may serve or benefit the specific property
and the public welfare.
Proffers shall only be accepted as conditions attached to the rezoning if such proffered
conditions meet the following criteria:
1.
2.
3.
The rezoning itself must give rise to the need for the condition.
All such conditions shall have a reasonable relation to the rezoning.
All such conditions shall be in conformity with the County’s adopted
Comprehensive Plan.
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4.
5.
6.
D.
E.
Such conditions shall be capable of being readily and effectively enforced
by the County of Nelson at the time of development of the property.
Such conditions shall be deemed necessary and sufficient to offset
identified problems caused by the rezoning in a manner not available with
traditional zoning methods.
Such conditions shall be consistent with the County’s adopted Capital
Improvements Plan, Official Map and other facilities and infrastructure
planning documents.
Proffers for Dedication of Real Property or Payment of Cash
1.
In the event proffered conditions include the dedication of real property
or payment of cash to the County, such property shall not transfer and
such payment of cash shall not be made until the facilities for which such
property is dedicated or cash is tendered are included in the County’s
adopted Capital Improvements Plan, provided that nothing herein shall
prevent the County from accepting proffered conditions which are not
normally included in such capital improvement program.
2.
If proffered conditions include the dedication of real property or the
payment of cash, the proffered conditions shall provide for the disposition
of such property or cash payment in the event the property or cash
payment is not used for the purpose for which proffered.
3.
Nothing in this section shall be construed to affect or impair the authority
of the Board of Supervisors to accept proffered conditions which include
provisions for timing or phasing of dedications, payments or
improvements or to impose or accept conditions of conditional use
permits.
4.
In the event proffered conditions include: (1) the dedication of real
property; or (2) the payment of cash which is not to be made until the
facilities for which such property is dedicated or cash is tendered are
included in the capital improvement program, the County Attorney shall
advise the Planning Commission and the Board of Supervisors of the
adequacy of provisions securing to the County the timely performance of
such conditions. Such provisions may include bonding, letters of credit or
other forms of surety.
Administrative Procedures for Conditional Zoning Applications
1.
Any rezoning applicant may, at his or her option, submit a written proffer
of conditions to accompany his rezoning petition. Refer to Chapter 4 for
specific requirements for zoning amendments.
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2.
Such written proffers, together with the title certificate, shall be submitted
to the Director of Planning as part of the application. In complying with
the notice requirements, the Planning Commission and Board of
Supervisors shall state whether conditions have been proffered, and such
proffers shall be made available for public review by the Director of
Planning as part of the public documents in the case.
3.
Within thirty (30) days after receipt of a complete zoning application, the
Director of Planning shall submit to the petitioner a written proffer
analysis addressing the following items:
A.
B.
C.
D.
E.
4.
A list of identified problems or reasons, if any, where the proposed
rezoning may be deemed to fall short of compliance or policy;
The degree to which the proffered conditions respond to the
identified problems;
A list of those proffered conditions, if any, that do not respond to
identified problems, are insufficient to offset them, or that are not
in keeping with the criteria set forth in this section;
An indication of whether the identified problems will be
adequately offset by the voluntarily proffered cash contribution,
dedication of real or personal property, or payment for or
construction of off-site improvements and
The date of the Planning Commission hearing.
Submission of proffer statements:
A.
A copy of the (1) applicant’s written proffers and (2) the proffer
analysis from the Director of Planning shall be forwarded to the
Planning Commission.
B.
Upon receipt of the proffer analysis, the petitioner may make
subsequent voluntary changes deemed appropriate to the written
proffers, provided that it is submitted no later than ten (10)
calendar days prior to the Planning Commission public hearing.
C.
Where an amendment to the written proffers provides for a
voluntary cash contribution, dedication of real or personal
property, or payment for or construction of off site improvements,
the Director of Planning may require that the amended proffers be
submitted at least twenty (20) calendar days prior to the public
hearing when additional time is deemed necessary to allow for
adequate staff review of the sufficiently of such amended proffers.
D.
Upon receipt of the amended proffers, the Director of Planning
shall make them part of the public record. The Planning
Commission shall not consider any proffer not made available for
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public review for at least ten (10) calendar days prior to the public
hearing.
F.
Commission and Board of Supervisors Action on Proffered
Conditions:
1.
After holding a public hearing on the conditional zoning
application, the Planning Commission, in taking its action
on the application, may recommend from the following
options: (1) recommend to the Board of Supervisors
approval of the zoning application as submitted; (2)
recommend to the Board of Supervisors denial of the
application as submitted; or (3) recommend approval of the
application with the deletion of one or more of the proffers
in the application.
2. If the Planning Commission takes final action on a conditional
rezoning application, it shall require the applicant to: (a) reduce all
proffers made to the Planning Commission to a final written
proffer statement in the proper legal form required by the County;
and (b) return the final proffer statement to the Director of
Planning not more than ten (10) calendar days after the Planning
Commission hearing for subsequent transmittal to the Board of
Supervisors.
3.
The Planning Commission, upon the concurrence of the applicant,
may defer action to a later meeting for the purpose of considering
the revised proffers, provided that such revisions are submitted in
proper legal form and are reviewed on the same time schedule as
the original zoning application.
4. Upon completion of Planning Commission action on the
conditional zoning application, the matter shall be forwarded to the
Board of Supervisors in the manner of all rezonings. The Board of
Supervisors, in taking action on the zoning amendment proposal
and proffers, may: (1) approve the zoning application; (2) deny the
zoning application; or (3) consider modification of the proffered
conditions for subsequent approval.
5. The applicant may add to, expand, clarify or otherwise modify the
proffer statement in writing at the time of the Board of Supervisors
public hearing. Upon receipt of the modification of the proffer
statement, the Board of Supervisors may take any one of the
following actions:
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a.
b.
c.
The Board of Supervisors may decline to consider the
modification to the proffer statement as not timely filed and
act only upon the application which was acted upon by the
Planning Commission if it finds that the additional
modifications do not alter the overall application
sufficiently to warrant continued review or referral to the
Planning Commission.
The Board of Supervisors may continue the hearing on the
application to another hearing date, in which case the
applicant shall be required to submit to the Director of
Planning a final written proffer statement not less than ten
(10) days before the scheduled hearing in order for the
Board of Supervisors to act upon the application with the
modified proffers. Nothing herein shall limit the Board of
Supervisor’s discretion to continue application to
subsequent dates for further modification.
The Board of Supervisors may refer the modified
application back to the Planning Commission for review
and recommendation in accordance with the preceding
sections.
6.
If an applicant at any time modifies an application by deleting any
provision from any proffer that has been reviewed and acted upon
by the Planning Commission, the Board of Supervisors shall refer
the application with such modified proffer back to the Planning
Commission for review and recommendation in accordance with
the preceding section.
7.
The Board of Supervisors may also modify any proffered
condition, but only with the concurrence of all parties to the
proffers and only after a new public hearing is held to consider the
modified proffer, with the modified proffer being submitted in
writing to the Director of Planning at least ten (10) days prior to
said public hearing.
8.
The Board of Supervisors shall accept only those proffers which
have been reviewed and deemed acceptable in legal form,
sufficiency and enforceability by the County Attorney.
9.
G.
No proffer may be modified or amended except in accordance with
these provisions. After the effective date of this section, the Board
of Supervisors shall attach no conditions to nor accept any proffer
with a rezoning except in accordance with this section.
Recordation of Proffers and Amendment of Zoning Map:
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1.
If the Board of Supervisors approves the rezoning petition and
accepts the written proffer, the County Attorney shall, within ten
(10) days of the Board of Supervisor’s action, examine the
appropriate records so as to determine whether any change in the
interest in the property has occurred since the date of the title
certificate. In the event that the County Attorney determines that
no such change in interest has occurred, the County Attorney shall,
within the said ten (10) day period, present the written proffer to
the Clerk of the Circuit Court for recordation.
2.
Upon recordation of the written proffer, the Director of Planning
shall promptly delineate by appropriate symbol on the County’s
Official Zoning Map the existence of the written proffers and other
conditional zoning considerations for the subject property. The
Director of Planning shall maintain and make available for public
inspection the full and complete records of written proffers.
3.
If upon Board of Supervisors approval of the rezoning petition and
acceptance of the written proffers, the County Attorney determines
that a change in interest in the property has taken place, and that, in
his opinion, such change may adversely affect the County’s
interest in the proffer, the applicant shall be notified in writing that
the proffer will not be recorded and that the Board of Supervisors’s
action in approving the rezoning will be rescinded and void unless
an appeal is filed for a hearing before the Board of Supervisors
within sixty (60) days of the date of the County Attorney’s letter.
4.
In the event that the applicant files an appeal within sixty (60) days
of the date of the County Attorney’s letter, the applicant shall be
given the opportunity for a hearing before the Board of
Supervisors. At the conclusion of such hearing, the Board of
Supervisors may, at its legislative discretion, permit the applicant a
certain amount of time in which to correct the legal or procedural
objection raised by the County Attorney or may rescind its earlier
action in approving the rezoning.
5.
If the applicant fails to file his appeal within the said sixty (60) day
period or upon hearing an appeal the Board of Supervisors acts to
rescind its earlier action, the approval of the rezoning application
shall be void. In no event shall the zoning map be changed to
reflect the Board of Supervisors’ approval of the conditional
zoning application until the Director of Planning receives written
notification from the County Attorney that the proffer has been
properly recorded.
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H.
I.
Legal Form of Proffer Statement and Title:
1.
All proffers shall be in writing and shall be in a form suitable for
recordation in the deed books maintained in the land records of Nelson
County, Virginia.
2.
No proffer shall be accepted by the Board of Supervisors which has not
received the approval of the County Attorney as to legal form, sufficiency
and enforceability.
3.
Each conditional zoning petition and proffer statement shall be
accompanied by a certificate of title, prepared and signed by an attorney
licensed to practice law in the Commonwealth of Virginia. The title
certificate shall describe the property that is the subject of the petition and
shall identify all parties having a recorded interest in the property,
including legal and equitable owners and shall state the source of title or
interest for each party.
4.
The certificate of title shall state the latest date through which the
applicant’s attorney examined the title to the property, which date shall
not be more than six (6) months prior to the date of the filing of the
petition.
5.
The County Attorney shall reject any certificate of title which, in the
County Attorney’s opinion, is incomplete or is otherwise insufficient from
a legal standpoint.
6.
The written proffer shall name as grantors all owners of the property and
shall be signed by all such parties. In the event that the appl icant for the
rezoning is a contract purchaser, such purchaser shall also be made party
to the proffer and shall sign same.
7.
The foregoing provisions shall not be construed as limiting the authority
of the County Attorney to require that any additional person, firm,
association or corporation be made a party and sign the proffer, when, in
the County Attorney’s opinion, the inclusion of such person, firm,
association or corporation is necessary to protect the County’s interest.
Effect, Enforcement and Amendment of Proffered Conditions:
1.
Once proffered and accepted as part of an amendment to the County’s
zoning ordinance, such proffered conditions shall continue in full force
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and effect until any subsequent amendment changes the zoning of the
property covered by such conditions. However, such proffers conditions
shall continue in full force and effect if the subsequent zoning amendment
is part of a municipal action to comprehensively implement a new or
substantially revised zoning ordinance.
2.
The Director of Planning shall be responsible for recording and
referencing on the County’s Official Zoning Map the existence of adopted
proffered conditions for individual properties. Any site plan, subdivision
plat, general development plan, special use permit plan or other land use
application thereafter submitted for development of property with
proffered conditions shall conform with all of such conditions, and,
further, in the absence of full conformity, shall not be approved by any
County official or body. For the purpose of this section, “full conformity”
shall mean conformity which leaves a reasonable margin for technical
adjustment due to introduction of final engineering and mapping data, but
conforms to the general nature and intent of the development plat or plan,
the specific uses, as well as the general layout depicted by the plans,
profiles, elevations, and other demonstrative materials presented by the
applicant’s professional consultants.
3.
In the event of an inconsistency between a specific written proffer and a
graphic depiction upon an approved general development plan, the
proffered text shall control.
4.
The Director of Planning is hereby vested with all necessary authority to
enforce such proffered conditions. Failure to comply shall be sufficient
cause to deny the approval of (1) site plans, (2) subdivision plats, (3)
zoning permits and/or (4) occupancy permits. In exercise of this authority,
the Director of Planning may initiate action to (1) issue a violation notice
and correction order, (2) bring legal action to ensure compliance,
including lien, injunction and/or abatement and/or (3) proceed with
institution of criminal process.
5.
No amendment shall be made to any accepted proffer except in the
manner of a new rezoning application as set forth herein.
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Chapter 6
Special Use Permits
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Chapter 6: Special Use Permits
A.
Purpose and Intent
Special use permits are authorized under the terms of this article to provide for certain
uses which cannot be well adjusted to their environment in particular locations in Nelson
County with full protection offered to surrounding properties by only the application of
the underlying zoning district regulations. Further, special permit uses are those uses
which, if not specially regulated, can have an undue impact on or be incompatible with
other uses of land within or adjacent to a given zoning district. Upon the granting of a
special use permit by the Board of Supervisors, these uses may be allowed to be located
or expanded within given designated zoning districts under the standards, controls,
limitations, performance criteria, restrictions and other regulations of this article.
B.
General Standards and Criteria for Special Use Permit Review
All applications for special use permit shall be reviewed using the following criteria:
1.
The proposed use shall be:
a.
b.
2.
In agreement with the adopted Comprehensive Plan;
In compliance with the intent and purpose of the zoning district in
which the use is proposed to be located; and
c.
In harmony with the character of adjacent properties and the
surrounding neighborhoods and also with existing and proposed
development.
The proposed use shall be adequately served by essential public services
such as streets, drainage facilities, fire protection and public water and
sewer facilities.
3.
The proposed use shall not result in the destruction, loss or damage of any
feature determined to be of significant ecological, scenic or historic
importance.
4.
The proposed use shall be designated, sited and landscaped so that the use
will not hinder or discourage the appropriate development or use of
adjacent properties and surrounding neighborhoods.
C.
Special Conditions
1.
In granting any special use permit, the Board of Supervisors may impose
any conditions necessary to assure that the proposed use will conform with
the requirements of this article and will continue to do so. The Board of
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Supervisors may take all necessary actions to ensure compliance with the
conditions imposed.
2.
The Board of Supervisors may impose reasonable standards and special
requirements as deemed necessary to protect the public interest and
welfare. Such standards may include, but need not be limited to:
a.
More restrictive sign standards.
b.
Additional open space, landscaping or screening requirements.
c.
Additional yard requirements.
d.
Special lighting requirements.
e.
Time limitations on hours of operation.
f.
Additional off-street parking and loading requirements.
g.
Additional utility, drainage and public facility requirements.
h.
Additional right-of-way and public access requirements.
i.
Additional requirements to ensure compatibility with the
Comprehensive Plan.
j.
Conditions for renewal, extension, expiration, and/or revocation of
special use permit.
k.
Modification or waiver of certain zoning district requirements.
3.
The Board of Supervisors may specify time limits or expiration dates for a
special use permit, including provisions for periodic review and renewal.
D.
Application Requirements for Special Use Permit
1.
An application for a special use permit shall be made by the owner,
contract purchaser with all owners’ written consent, or the owners’ agent,
of the property on which the proposed use is to be located. The application
shall be submitted to the Planning Director, and shall be
accompanied by the filing fee as established by the Board of Supervisors.
2.
If the request for a special use permit has been denied by Board of
Supervisors, a request in substantially the same form shall not be
resubmitted within one (1) year of the date of denial.
3.
The application shall include the following information:
a.
A preliminary site plan in accordance with the Site Development
Plan Regulations and the County’s design and construction
standards.
b.
A description of the proposed use and, where applicable, the hours
of operation and the proposed number of employees or patrons.
c.
A written statement of proposed project compatibility with the
following:
1.
The Comprehensive Plan.
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d.
2.
The applicable zoning district.
3.
The surrounding properties.
4.
Current and future neighborhood conditions.
5.
Traffic patterns, on-site and off-site.
6.
Adequate public facilities.
When requested by the Planning Director, the Planning
Commission or the Board of Supervisors, the following
information shall be provided by the applicant:
1.
2.
3.
4.
5.
6.
E.
The architectural elevations and floor plans of proposed
building(s).
Traffic impact analysis.
Fiscal impact analysis.
Parking and site circulation analysis.
Photographs of property and surrounding area.
Environmental impact statement.
Action by Planning Commission
1.
No special use permit shall be approved unless the proposal has been
reviewed by the Planning Commission. The Planning Commission shall
conduct at least one (1) public hearing in accordance with this ordinance.
Following the public hearing, the Planning Commission shall prepare and
by motion adopt its recommendations, which may include changes in the
applicant’s original proposal resulting from the hearing, and shall report
such recommendations, together with any explanatory material, to the
Board of Supervisors.
2.
Failure of the Planning Commission to report within ninety (90) calendar
days after the first meeting of the Planning Commission after the proposal
has been referred to the Planning Commission shall be deemed approval,
unless the proposed special use permit has been withdrawn by the
applicant prior to the expiration of such time period or the time period has
been extended by mutual agreement by the County and the applicant.
F.
Action by Board of Supervisors
1.
Before approving a special use permit, the Board of Supervisors shall hold
at least one (1) public hearing in accordance with this ordinance after
which the Board of Supervisors may make appropriate changes to or
impose appropriate conditions upon the proposed special use. Nothing
herein shall preclude the Board of Supervisors from holding a joint public
hearing with the Planning Commission.
2.
A concurring vote of a majority of the members of Board of Supervisors
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shall be required to approve a special use permit.
G.
Extension, Renewal, Expiration, Revocation
1.
Extension
a.
An extension shall be for the purpose of administratively extending
timeframes established by the Board of Supervisors for the
implementation and/or completion of certain improvements which
were stipulated as a condition of original special permit approval.
A request for extension may be initiated by the property owner.
b.
Upon initiation of property owner’s request for extension, or upon
any other initiative, the Planning Director shall inspect the special
use permit, review the record of compliance with those conditions
and restrictions previously imposed by the Board of Supervisors;
and make a determination on whether the special use permit
satisfies other conditions of approval and the provisions of the
article.
c.
Upon a favorable finding, the Planning Director shall approve an
extension of the original special permit for a period of time not to
exceed one (1) year or for such timeframe as may have been
otherwise specified for future extension by the Board of
Supervisors at the time of approval of original special permit.
d.
If it is determined that the use is not in compliance with all
conditions and restrictions previously imposed by the Board of
Supervisors, the Planning Director shall, depending on the nature
of the noncompliance, either deny the extension or require the
remedy of any violation within a specified time. If the extension is
denied or the property owner fails to correct the violation within
the time specified, the special permit shall expire. The approval of
a new special permit shall be required prior to any subsequent
reinstatement of the use.
2.
Renewal
a.
A renewal shall be for the purpose of allowing a new period of
time for the operation of a currently valid special use permit;
provided, however, that the Board of Supervisors shall not approve
a renewal application for a use which is no longer allowed as a
special use permit in the zoning district in which the special use
permit is located.
b.
The procedure for the renewal of a special use permit shall be the
same as specified herein for the approval of the original permit,
except that the Zoning Administrator may waive any submission
requirement if such requirement is deemed not necessary for an
adequate review of the application.
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c.
d.
3.
Expiration
a.
b.
4.
Whenever a special use permit is approved by the Board of
Supervisors, the special use authorized shall be established, or any
construction authorized shall be commenced and diligently
pursued, within such time as the Board of Supervisors may have
specified, or, if no such time has been specified, then within
eighteen (18) months from the approval date of such permit.
If the special use or construction has not commenced in accordance
with the above provisions, then the special use permit shall
automatically expire without notice and become null and void.
Revocation
a.
b.
c.
H.
The Board of Supervisors shall review the applicant’s record of
compliance with those conditions and restrictions previously
imposed and determine if the use still satisfies the provisions of
this article.
Any special use permit that is not renewed prior to the established
time shall expire without notice and become null and void.
Unless a time limit is specified for a special use permit, the same
shall be valid for an indefinite period of time, except that if the use
or activity should cease for any reason for a continuous period of
two (2) years or more, the special permit shall automatically
terminate without notice and become null and void.
The approval of a new special use permit shall be required prior to
any subsequent reinstatement of the use.
A special use permit shall be revocable upon written order of the
Board of Supervisors at any time because of the failure of the
owner or operator of the use covered by the permit to observe all
requirements with respect to the maintenance and conduct of the
use and all conditions in connection with the permit that were
imposed in issuing the same. A revoked permit shall become null
and void.
Other Provisions
The foregoing provisions shall not be deemed to preclude the use of any other remedy
prescribed by law with respect to violations of the provisions of this ordinance.
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Chapter 7
Nonconforming Uses
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Chapter 7: Nonconforming Uses
A.
B.
Purpose and Intent
1.
Land use objectives: The objective of this chapter is to regulate and limit
the development and continued existence of uses, structures and lots
established prior to the effective date of this ordinance which do not
conform to the requirements of this ordinance. Certain nonconformities
may continue, but the provisions of this chapter are intended to curtail
substantial investment in non conformities and to bring about their
eventual improvement to a conforming status or elimination in order to
preserve the integrity of this ordinance and the desired character for
Nelson County.
2.
Conditions for continuation: Any nonconforming use, structure or lot
which lawfully existed as of the effective date of this ordinance and which
remains nonconforming, and any use, structure or lot which has become
nonconforming as a result of the adoption of this ordinance or any
subsequent reclassification of zoning districts or other amendment to this
ordinance, may be continued or maintained only in accordance with the
terms of this chapter.
3.
Variances and special exceptions: The limitations of this chapter shall not
apply to structures or lots whose nonconforming features are the subject of
a variance or a special exception that has been granted by the Board of
Zoning Appeals or a modification or condition that was approved by the
Board of Supervisors.
4.
Change in title or possession: If any change in title or possession of a lot
or building, or renewal of a lease of a nonconforming building or use
occurs, the existing nonconforming use or building may continue so long
as all other applicable provisions of this chapter are met.
Nonconforming Uses: Change, Discontinuation & Expansion
1. Change of nonconforming use to more restrictive use: If no structural
alternatives are made to a nonconforming use of land or building, a
nonconforming use of land or of a building may be changed to another
nonconforming use of the same or a less intense use. Whenever a
nonconforming use of land or buildings has been changed to a more
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restricted use or to a conforming use, such use shall not thereafter be
changed to a less conforming use.
C.
2.
Expansion of nonconforming use: Except as provided for herein, a
nonconforming use shall not be expanded or extended beyond the floor
area or lot area it occupied on the effective date of this ordinance.
3.
Discontinuation of nonconforming use: If a nonconforming use is
discontinued or abandoned for a continuous period of more than two (2)
years, including any period of discontinuation before the effective date of
this ordinance,then that use shall not be renewed or reestablished and any
subsequent use of the lot or structure shall conform to the regulations of
this ordinance. When any nonconforming use is replaced by a permitted
use, the use shall thereafter conform to the regulations for the district, and
no nonconforming use shall thereafter be resumed.
Nonconforming Structures
1.
Repair or reconstruction of nonconforming structure: No building which is
nonconforming for reasons other than use, such as setbacks or other site
conditions, shall be restored or changed to another nonconforming use
after damaged beyond fifty (50) percent of the fair market value of the
building prior to damage. If a building is damaged by less than fifty (50)
percent of the fair market value, it may be repaired or reconstructed and
used as before the time of damage, provided that such repairs or
reconstruction be completed within twelve months from the date of such
damage.
It shall be the duty of the property owner to provide two estimates of fair
market value to the Planning Director who will establish market value.
2.
Alteration or enlargement of nonconforming structure: A nonconforming
structure or use shall not be extended, enlarged, reconstructed or
structurally altered, except in conformity with this chapter or when
required to do so by law or ordinance or when the change does not
compound the existing violation.
3.
Relocation of nonconforming structure: A nonconforming structure shall
not be moved in whole or in part to any other location unless every portion
of such structure and the use thereof is made to conform with all
requirements of this ordinance and other applicable ordinances.
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4.
D.
E.
Pre-existing structures with prior approvals (“grandfather” clause):
Nonconforming buildings for reasons other than use which have been
issued a building permit prior to annexation or amendments to this
ordinance shall be permitted under the conditions of said permit but
thereafter held to the conditions herein.
Nonconforming Lots
1.
Usage of nonconforming lot of record: If a lot was approved on a
subdivision plat and duly recorded prior to the effective date of this
ordinance and if such lot met the requirements of the subdivision
ordinance in effect at the time of recordation, then such lot may be used
for any use permitted under the current zoning district designation even
though the lot does not meet the lot area or lot width and depth
requirements of the district, provided that all other regulations (including
setbacks, yards requirements, density, screening, etc.) of this ordinance
can be satisfied.
2.
Prohibition on establishment of nonconforming lot: A lot may only be
established after the effective date of this ordinance if such lot conforms
with all requirements of this ordinance.
3.
Boundary line adjustments: Notwithstanding the provisions herein above,
boundary line adjustments may be permitted between nonconforming lots
provided the Planning Director finds that the degree of nonconformity is
not increased due to such adjustment.
4.
Eminent domain and condemnation: Any lot which, by reason of
realignment of a County, State or Federal highway, street or other public
improvement which is implemented by reason of public land acquisition
or condemnation proceedings related thereto, has been reduced in size to
an area less than that required by law, shall be considered a
nonconforming lot of record subject to the provisions set forth herein; and
any lawful use or structure existing at the time of such public acquisition
or condemnation proceedings which would thereafter no longer be
permitted under the terms of this ordinance shall be considered a
nonconforming use or structure except as where the average front setback
establishes a new setback line.
Nonconforming Signs
1.
Maintenance of nonconforming signs: In any zoning district, where any
sign does not comply with the provision of this ordinance, such sign and
any supporting structures may be maintained in their existing condition,
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but such signs and structures shall not be replaced, reconstructed, moved,
structurally altered or re-illuminated except in compliance with the
provisions of this ordinance.
2.
Loss of lawful nonconforming sign status: Any nonconforming sign which is
replaced, reconstructed, moved, structurally altered or re-illuminated (i.e.
change in sign lighting scheme) shall cause the sign to lose its status as a
lawful nonconforming sign.
3.
Damage to nonconforming signs: No sign which has been damaged by any
cause to the extent of more than fifty (50) percent of the fair market value
of the sign, as valued immediately before damage, shall be restored,
repaired or replaced and used in conformity with this ordinance unless
such restoration, repair or replacement and use is approved as a special
exception by the Board of Zoning Appeals. If a sign is damaged by less
than fifty (50) percent of the fair market value, it may be repaired or
reconstructed and used as before the time of damage, provided that such
repairs or reconstruction be completed within sixty (60) days of the date of
such damage.
F.
4.
Supporting structures: Supporting structures for nonconforming signs may
continue in use for a conforming sign if said supporting structures comply
in all respects to the applicable requirements of this ordinance and other
ordinances of the County of Nelson.
5.
Permits for additional signs: No permits for additional signs shall be
issued for any premises on which there are any nonconforming signs or
non conforming supporting structures.
Relationship to Site Plan Requirements
A change or addition to any non-conforming use, structure, or a site subject to a site plan
in accord with Chapter 12, Site Plan Regulations, of this ordinance shall require that the
entire use, structure, or site (including both the non-conforming and conforming
improvements) be brought into full conformance with all of the requirements of this
ordinance, provided that the Planning Commission, upon consideration of
recommendations by the Planning Director, may waive a portion or all of the individual
requirements for conformance.
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Chapter 8
Parking and Loading Requirements
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Chapter 8: Parking and Loading
A.
Purpose:
The purpose of these regulations is to set forth off-street parking and off-street loading
and stacking requirements in Nelson County for structures and uses governed by this
chapter. The general criteria for these requirements shall be in accordance with the
intensity of such use or structure, and with the aim of providing adequate parking for the
public and reducing traffic hazards, conflicts and inconvenience. The regulations herein
below are set forth for the purpose of:
1. maximizing the design and construction of safe and functional parking, loading
and stacking areas;
2. providing for parking, loading and stacking in rational and reasonable proportions
to the needs of the intended land use or development activity;
3. providing opportunities to adjust minimal parking requirements in certain projects
to coincide with shared and common parking demands; and
4. reducing the potential for adverse environmental and esthetic impacts of parking,
loading and stacking areas on surrounding land uses.
B. General Parking, Loading and Stacking Provisions:
1. Every building or structure shall be provided, at the time of initial construction, or
at any other time specified in this chapter, with the minimum required off-street
parking space and the minimum required space for the loading of goods or
commodities, provided that reduced, shared or common usage parking spaces for
certain combinations of uses may be permitted upon request by the applicant to
the Planning Commission. With any request by an applicant for reduced, shared
or common off-street parking spaces, the Planning Director may require a parking
impact study to be submitted with either the zoning, site plan or subdivision plat
application. In consideration of such request, the Planning Director shall present
the Staff’s assessment of the parking impact study to the Planning Commission
for use in making its final determination.
2. Every building or structure changed in use or structurally altered shall have
adequate off-street parking, ingress and egress, space for loading of goods and
commodities and adequate circulation shall be provided, but only to the extent
that the change in use or structural alteration necessitates the need for additional
parking.
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3. All off-street parking spaces required for any residential use permitted in any
residential zoning district in the County shall be provided on the same lot with
such use, provided that shared and common usage parking spaces for certain
combinations of uses may be permitted at the sole discretion of the Planning
Commission. In making determinations for reduced off-street parking spaces, a
parking impact study may be required.
4. All off-street parking spaces required for any use other than a residential use
permitted in any residential district shall be provided on the same lot with such
use except where practical difficulties prevent such location or where the public
safety or the public convenience would be better served by a location other than
on the same lot. In such cases the Planning Commission may authorize alternative
or cooperative locations of required parking spaces, subject to the following:
a.
An alternative location shall be in the same ownership (fee simple or
common) and a zoning district classification that is determined by the
Planning Commission to be compatible with the proposed use as that of
the land on which the use is located.
b.
A common or cooperative location, which provides parking for two or
more uses, shall be in the ownership (fee simple or common) of at least
one of the participants and shall have combined parking space equal to the
sum required for the separate uses, except that the amount of space may be
reduced by the Planning Director for reason of different hours of activity
among the various uses, and shall be subject to such arrangements as will
guarantee the permanent availability of such space
c.
d.
e.
The entrance to an alternative, common or cooperative location shall be
within two hundred (200) feet pedestrian walking distance of the entrance
to the use such location serves and be connected to such use by a
pedestrian walkway. Such pedestrian access shall be accessible to the
handicapped and shall meet ADA requirements.
The right to use such property for parking shall be established by deed,
easement, lease or similar recorded covenant or agreement, shall be
approved as to form and content by the County Administrator and shall be
recorded in the Clerk’s Office.
Should such off-street parking spaces become unavailable for use at some
future time, an equal number of parking spaces shall be constructed and
provided on either the primary site or by another off-site arrangement that
satisfy the requirements of this chapter. Failure to provide these parking
spaces within ninety (90) days from the date on which the use of the
previously available spaces was terminated shall be a violation of this
ordinance.
5. All parking spaces and parking bays, loading spaces and stacking spaces shall be
constructed with raised curb or combination curb and gutter and shall be designed
to provide safe and convenient access to a public street. Ingress and egress shall
be provided only through driveway, travelway or private street openings of
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design, location, and criteria approved by the Planning Director or the Planning
Commission as needed. Access by a vehicle to required parking spaces shall be
afforded without requiring another vehicle to be moved.
6. Requirements for parking space and parking bay paving improvements:
a.
Unless otherwise waived or modified by the Planning Director, all
required off street parking spaces and drives shall be constructed of an all
weather, stabilized, dust free surface (concrete, bituminous concrete,
paving blocks, or other similar material) with curb, guttering and drainage
improvements.
b.
For commercial and industrial uses, all employee and customer parking, as
well as all entrances into parking areas, shall be constructed of an all
weather, stabilized, dust free surface with curb, guttering and drainage
improvements. For industrial uses, such paved surfacing may be waived
by the Planning Director only for areas used for the parking and/or loading
of heavy equipment.
c.
For parking areas of twelve (12) spaces or less, the requirement for paved
parking with curbing or curb and gutter may be waived by the Planning
Director, provided that the parking surface be constructed with a minimum
surface of six (6) inches of crushed stone with adequate compaction and
storm drainage provisions.
d.
The County requirements for design and construction shall govern the
parking space and parking lot design sections, width, base and subbase
structural characteristics, and construction criteria. Storm drainage and
stormwater management construction details and calculations shall be
provided with parking space and parking lot designs.
7. All off-street parking spaces and related accessibility requirements for
handicapped persons shall conform with the most recent Americans with
Disabilities Act (ADA) regulations and as otherwise provided in this chapter.
Where ADA regulations are in conflict with or are more stringent than the
regulations in this chapter, ADA regulations shall govern. A copy of these ADA
regulations is available through the office of the Planning Director.
8. In commercial and industrial zoning districts, and except as may be otherwise
qualified in this ordinance, off-street parking spaces may be located in required
yards, but in no case shall it be located less than five (5) feet from any adjacent lot
line or as otherwise provided by screening and buffer yard requirements. In all
cases, a ten (10) foot minimum setback for off street parking bays and spaces
located therein abutting a public street shall be provided and maintained.
9. All off-street parking facilities shall be used solely for the parking of vehicles in
operating condition by patrons, occupants or employees of the use to which the
parking is accessory. No repair, dismantling or servicing of any vehicle, equip-
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ment, materials or supplies shall be permitted in any required off-street
parking facility.
10. All off-street parking spaces, parking lots, loading areas, private streets,
travelways and entrances shall be as provided in this chapter and, further, shall
comply with the geometric design criteria and pavement design standards as
provided in the County’s design and construction standards or as otherwise
approved by the Planning Director.
11. Lighting in parking areas shall be in compliance with Chapter 11.
12. Computations of parking space requirements on an employee/person basis shall
be based on: (a) maximum number of employees on duty; and/or (b) the
occupancy load of the building; and/or (c) a detailed parking impact analysis as
provided by the applicant’s Professional Engineer or Architect and approved by
the Planning Director.
13. No off-street loading space shall be located within a front yard.
14. All parking spaces shall be designed to prevent vehicles from extending over any
property line, right-of-way, sidewalk or travelway. Where parking spaces allow a
vehicle to extend over the face of curb into such areas, an additional parking
space depth of two (2) feet shall be provided or parking bumper stops shall be
incorporated into the parking space design.
15. Computations and analysis of parking and loading space requirements shall be
performed by the engineer or other professional qualified to prepare such analysis
who is submitting the subdivision plan or site plan, and those computations shall
be considered as an integral element of the plat or site plan certification.
16. Where parking spaces or loading requirements are unclear or not specifically
mentioned, the requirements shall be the same as required for a use of similar
nature or as otherwise stipulated by the Planning Director.
17. Spaces designated for off-street loading shall not be counted toward the
required number of off-street parking spaces.
18. Available on-street parking spaces shall not be counted toward the required
number of off-street parking spaces.
19. In addition to the number of parking spaces required for new uses under this
chapter, a change in use from existing single family dwelling to multifamily
housing units or other tenant housing facilities shall meet the following
requirements:
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a.
b.
Off-street parking spaces shall not be located within the established front
yard area between the front property line and the building itself, and
All areas on-site which comprise the off-street parking site plan shall be
visually defined by appropriate use of surface materials for vehicular uses
which shall be duly maintained as a condition of the occupancy permit.
20. In addition to the number of parking spaces required by use under this chapter,
non-residential uses permitted in residential districts shall meet the following
requirements:
a.
Non-residential parking spaces shall be designated so as to provide
continuous visual separation of at least ten (10) feet in width between
parking and adjoining residential property, where applicable, by means of
landscaping, fencing and/or ground cover.
b.
All areas on-site which comprise the off-street parking plan shall be
visually defined by paved surfaces which shall be duly maintained as a
condition of the occupancy permit.
21. Any parking arrangement which requires the moving of any vehicle onsite in
order to maneuver another vehicle on-site into or out of a required parking space
shall not meet the intent of this chapter unless such requirement is otherwise
waived or modified by the Planning Director.
22. Access to on-site, off-street parking shall not depend on the public right of way,
other than from public alleys, in order to safely and conveniently maneuver into
or out of parking spaces.
23. Required on-site, off-street parking spaces may be provided within garages,
carports, or enclosed buildings provided that the provisions of this chapter
pertaining to dimensions, layout, and accessibility are met.
24. Dumpster pads shall be concrete and shall be screened and landscaped.
25. In consideration of a request for reduction, sharing or other variation in or relief
from any parking regulation in this chapter, the Planning Director may require a
parking impact study. The applicant shall meet with the Planning Director to
determine the scope of the parking impact study prior to the submission of a
zoning amendment, site plan, or subdivision plat related thereto. When required,
parking impact studies shall be submitted with the original application for a
zoning amendment, site plan, or subdivision plat. The Planning Director shall
obtain comments from the Plan Review Committee during the project review
phase and shall provide a report to the Planning Commission addressing the
specific request of the applicant seeking relief from parking regulations.
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C. Parking and Loading Space Design Criteria:
1. Parking space design criteria:
a.
Parallel spaces: Standard parallel parking spaces shall have minimum
dimensions of eight (8) feet by twenty-two (22) feet.
b.
Perpendicular spaces: Standard perpendicular parking spaces shall be
designed with a minimum width of nine (9) feet and a minimum length of
eighteen (18) feet, provided that vehicular access aisles (i.e. travelways
combined with parking bays) providing perpendicular parking shall have a
minimum width of twenty four (24) feet (with two twelve (12) foot lanes)
to accommodate two-directional traffic movements. The Planning Director
may waive or modify parking travelway lane widths based on the density,
traffic impacts and parking space turnover frequency, but in no instance
shall such widths provide for individual travel lanes planned for two-way
traffic with dimensions less than ten and one-half (10.5) feet in width per
lane.
Long-term or compact car perpendicular parking spaces (such as parking
lots for full day shift for office or industrial employees or other forms of
long-term parking) may be reduced to eight and one-half (8.5) feet upon
petition to and acceptance by the Planning Commission, provided that
such spaces are clearly designated.
c.
Angled and other forms of parking spaces: In cases where parking space
and adjoining travelway dimensions vary from those above due to the
nature of the parking areas and circulation patterns, the applicant shall be
required to submit a detailed parking study prepared by a qualified design
professional to justify such parking space size variations. Documentation
shall be provided addressing parking space geometry, travelway access
and turning movements, and other elements related to parking space
layout and design criteria.
d.
Grades: The maximum grade for parking spaces and access aisles (parking
bay travelways) abutting parking spaces shall not exceed six (6) percent in
any direction.
e.
Sight distance: The minimum sight distance for internal intersections of
access aisles (i.e. parking bay travelways) shall not be less than one
hundred (100) feet. The Planning Director may increase this minimum
sight distance if the anticipated travel speed is in excess of 10 miles per
hour. Aisles (i.e. parking bay travelways) shall conform to the
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requirements of horizontal and vertical geometry as provided for in the
County design guidelines construction standards.
f.
Grading and drainage: Parking area grading and drainage systems shall be
designed to minimize the amount of surface runoff existing and entering
through entrances and intersections with public streets.
g.
Handicap spaces: Parking areas shall be designed such that handicapped
parking spaces are located to provide direct and unobstructed access to
buildings by the shortest practical route and to eliminate the need to cross
vehicular access aisles to the greatest extent possible.
h.
Curvilinear spaces: In parking areas with curvilinear parking spaces, the
minimum space and aisle width shall be the same as for perpendicular
parking and the width of the parking space shall be measured at the
narrowest point along the length of the space.
i.
Delineation of spaces: Parking spaces shall be delineated in a manner that
identifies and preserves the required dimensions by permanent paint
striping, signage or by another means approved by the Planning Director.
j.
Bumper blocks: Bumper blocks shall be provided for parking spaces when
the parking area has no curb or curb and gutter or where there exists the
potential for vehicular overhang to exist where pedestrian facilities are
contiguous to the edge of pavement. Bumper blocks shall be a minimum
of six (6) feet in width, five (5) inches in height, and shall be anchored to
the pavement.
k.
Refer to the County’s Design and Construction Standards Manual (upon
adoption) for additional information and design criteria for parking spaces
and parking lots.
2. Off-street loading space design criteria:
a.
Dimensions: No loading space shall be less than fourteen (14) feet wide,
twenty five (25) feet long and fifteen (15) in vertical clearance, provided
that the depth shall be sufficient to accommodate the largest delivery
trucks supplying the establishment and that loading space lengths for
semi-trailer vehicles shall be not less than fifty (50) feet. Where more than
one loading space has been provided and located parallel to the first, each
additional space may be reduced to twelve (12) feet in width.
b.
Relationship to improvements and rights of way: Loading spaces shall be
designed such that no part of any vehicle will extend over any lot line,
right of way line, sidewalk, driveway, parking space or aisle. No off-street
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c.
d.
D.
loading area shall necessitate maneuvering from a public right of way. No
loading space shall be located in a front yard, except for industrial uses.
Loading spaces shall not be located closer than forty (40) feet from the
nearest point of intersection of the loading approach travelway with the
public street right-of-way, provided that if such space is to access semitrailer vehicles, then such distance be not closer than sixty (60) feet.
Grade: The maximum grade for loading spaces and access aisles abutting
loading spaces shall not exceed six (6) percent.
Delineation of loading spaces: Loading spaces shall be delineated by
permanent paint striping, signage or by other method approved by the
Planning Director.
Computation of Required Parking Spaces:
1.
Floor area shall mean the net floor area of the specific use, as defined in
Definitions.
2.
When the units of measurements determining the number of required
parking spaces result in calculations requiring a fractional space, one
space shall be provided for said computed fractional space.
In the case of mixed uses, the parking spaces required shall equal the sum
of the requirements of the various uses computed separately, provided
that the applicant may petition the Planning Commission to permit shared
parking and other forms of parking relief.
3.
An applicant’s petition for shared parking and other forms of parking
relief shall be accompanied by a parking impact study of the parking
requirements and recommendations for the planned parking for the mix of
uses, including documentation on peak parking periods for individual
uses, analysis of overlapping parking demands, and demonstration that the
proposed parking will accommodate the anticipated demands.
E. Minimum Required Parking Spaces:
The following parking requirements represent minimum standards for the provision of
on-site parking for permitted and special permit uses:
1. Accessory Living Unit: Two (2) spaces per unit; such space must have
convenient access to a street.
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2. Ambulance Service, Fire Department or Rescue Squad Facility: Adequate
space to accommodate all motor vehicles operated in connection with such use
and two (2) additional parking spaces per each such vehicle.
3. ATM (Automated Teller Machine): Two spaces for walkup use by pedestrians
plus three (3) spaces for stacking for drive-up customers.
4. Automobile Service Station: One (1) space per each employee plus two (2)
spaces per each service stall, but not less than five (5) spaces. In addition, when
accessory activities such as rental of automobiles, trucks and trailers of all types
are involved on site, there shall be provided suitable area to accommodate the
highest number of rental units expected at any one time.
5. Barber Shop, Beauty Shop: One (1) space per two hundred (200) square feet of
gross floor area plus one (1) space per employee.
6. Bed and Breakfast Lodging: One (1) space per accommodation, plus two (2)
additional spaces for any permanent dwelling unit located within or ancillary to
the principal use.
7. Boardinghouse or Rooming house: One (1) space per occupant , plus one (1)
space per employee.
8. Building Materials Sales: One (1) space per five hundred (500) square feet of
retail sales area.
9. Campground: One (1) space for campsite plus adequate additional spaces for
buses as determined and approved by the Planning Director.
10. Car Wash: Two (2) spaces per bay or stall; provided that such spaces may be
stacked one behind another, plus one (1) space per employee on the major shift.
11. Child Care Center / Adult Day Care Center: One (1) space per employee on
the major shift, plus a sufficient number of spaces to accommodate all persons
who may be at the establishment at any one time under normal operating
conditions. A minimum total off-street parking of one (1) space per ten (10)
children shall be provided in addition to required employee spaces.
12. Churches and Places of Worship: One (1) space per four (4) seating
accommodations in the assembly area of the facility having the largest capacity.
13. Country Club and Golf Course: One (1) space per four (4) members based on
maximum anticipated membership, plus one (1) space per two (2) employees on
the major shift.
14. Contractor’s Office and Shop: One (1) space per two (2) employees on the
major shift plus adequate additional spaces for company vehicles as determined
by the Planning Director.
15. Convenience Store (Quick Food Shops): One (1) space per two hundred (200)
square feet of net floor area for the first one thousand (1,000) square feet, plus six
(6) spaces per each additional one thousand (1,000) square feet.
16. Dance Hall (including dance area in restaurant, hotel, etc.): One (1) space per one
hundred (100) square feet of gross floor area.
17. Drive-in Bank: One (1) space per 250 square feet of net floor area, plus sufficient
area for six (6) stacking spaces for the first drive-in window and two (2) stacking
spaces per each additional window.
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18. Dwelling, Multi-Family, Duplex and Single-Family Attached Dwelling: One
and one-half (1.5) space per dwelling unit with one (1) bedroom; two and one half
(2.5) spaces per dwelling unit with two (2) bedrooms; three (3) spaces per
dwelling unit with three (3) or more bedrooms, provided that parking
requirements for housing for the independent elderly (without central dining
facilities) may be reduced to two (2) spaces per three (3) dwelling units plus one
(1) space per employee at peak shift.
19. Dwelling, Single Family Detached and Single Family Cluster Detached
Residential: Two (2) spaces per dwelling unit, if access to the lot is fronting on a
public street; Two and one-half (2.5) spaces per dwelling unit, if access to the lot
is from a private street or common vehicular access aisle or parking lot.
20. Eating Establishment: One and one-quarter (1.25) space per four (4) seats
(including outdoor seats), plus one (1) space per employee at the major shift.
21. Elderly and Handicapped Housing (with central dining facilities): One (1)
space per three (3) dwelling units, plus one (1) space per employee at peak shift.
22. Fast Food Restaurant: Fifteen (15) spaces per one thousand (1000) square feet
of net floor area plus one (1) additional space for every two (2) employees with a
minimum of eight (8) employee spaces.
23. Financial Institution: One (1) space per 250 square feet of net floor area. See
stacking and additional parking requirements for drive-thru windows and ATMs.
24. Funeral Home: One (1) space for every four (4) seats in chapels or parlors with
fixed seats; or one (1) space for each 100 square feet of floor area for assembly
rooms used for services without fixed seats, plus one (1) space per two (2)
employees, plus one (1) space for each vehicle used in connection with the
business.
25. Furniture Sales: Same as for retail sales, provided that upon submission of
design analysis supporting reduced need for parking, a reduction in number may
be permitted with the approval of the Planning Director, provided that sufficient
additional land area be reserved to allow for future alternative retail uses of the
site.
26. Green Houses and Plant Nursery:
Enclosed Retail Sales Areas - One (1) space for each two hundred (200) square
feet of retail sales;
Greenhouse Sales Areas -One (1) space per two hundred (200) square feet for the
first one thousand (1,000) square feet and one (1) space for each five hundred
(500) square feet of greenhouse sales area above one thousand (1,000) square
feet;
Exterior Nursery Sales Areas -One (1) space per each five thousand (5,000)
square feet of exterior nursery sales area.
27. Hospitals and Medical Center: One (1) space per two (2) hospital beds (at
maximum rated capacity), plus one and one-half (1.5) spaces per each emergency
room examination table or bed, plus one (1) space per employee on the major
shift other than doctors, plus one (1) space per doctor assigned to the staff.
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28. Hotel or Motel: One (1) space per rental unit plus one (1) space per employee on
the major shift, in addition to spaces required for eating and assembly rooms as
determined by the Planning Director.
29. Industrial, Manufacturing and Warehousing Uses: One (1) space per 1.5
employees on major shift, plus one (1) space per company vehicle/equipment,
plus sufficient space to accommodate largest number of visitors and customers
expected at any one time, but not less than one (1) space per 1,000 square feet of
gross floor area.
30. Institutional Housing: One (1) space per two (2) patients, based on the
occupancy load, plus (1) space per employee or staff member on a major shift.
31. Kennels, Commercial: One (1) space per four hundred (400) square feet of gross
floor area including runs, plus one (1) space per employee.
32. Laundromats: One (1) space per two (2) washing machines.
33. Laundry, Dry Cleaning: One (1) space per fifty (50) square feet open to the
public with a minimum of five (5) public parking spaces, plus one (1) space per
employee on the major shift.
34. Medical or Dental Office: Four (4) spaces per examination or treatment room,
plus one (1) space for each doctor and employee.
35. Nursing or Convalescent Home: One (1) space per three (3) residents, plus one
(1) additional space for each employee on the major shift.
36. Offices: One (1) space per three hundred (300) square feet of net office floor area,
with a minimum of one (1) space per employee, provided than no individual
office unit shall have fewer than three (3) spaces.
37. Outdoor Sales / Display Area: One (1) space per five hundred (500) square feet
of open sales / display.
38. Personal Service Establishment Uses (not otherwise specified): One (1) space
per 200 square feet of net floor area.
39. Recreational Facilities (including Billiard and Pool Halls, Bowling Alleys,
Video Game Rooms, Health Clubs, Gyms and Paint Ball Parlors): One (1)
space per three (3) persons based on the maximum occupancy plus, one (1)
space per employee on the major shift.
40. Recycling Center: One (1) space per employee on the major shift, plus a
sufficient number of spaces to accommodate all persons who may be at the
establishment at any one time under normal operating conditions.
41. Repair Service Establishment: One (1) space per two hundred (200) square feet
of net floor area.
42. Retail Sales Establishment: One (1) space per 200 square feet net floor area for
the first 1000 square feet, plus six (6) spaces per each additional 1000 square feet.
The wholesale component of any industrial, manufacturing or warehousing
facility shall provide parking based on requirements for Retail Sales
Establishments. Discount stores, wholesale outlets, “big box retailers” and
“superstores” marketing as wholesale establishments shall provide parking based
on requirements for Retail Sales Establishments.
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43. School, Elementary: Based on a review by the Planning Director of each
proposal including such factors as the occupancy load of all classroom facilities,
auditoriums and stadiums, proposed special education programs and studentteacher ratios, and the availability of areas on site that can be used for auxiliary
parking in times of peak demand; but in no instance less than one (1) space per
faculty and staff member and other employee, plus four (4) spaces for visitors.
44. School, High: Based on a review by the Planning Director of each proposal
including such factors as the occupancy load of all classroom facilities,
auditoriums, and stadiums, proposed special education programs and studentteacher ratios, and the availability of areas on site that can be used for auxiliary
parking in times of peak demand; but in no instance less than one (1) space per
faculty and staff member and other full-time employee, plus one (1) space per
eight (8) students, based on the maximum number of students attending classes at
any one time.
45. School, Kindergarten or Nursery: One (1) space per employee, plus a sufficient
number of spaces to accommodate all persons who may be at the establishment at
any one time under normal operating conditions. A minimum total off-street
parking of one (1) space per four (4) children shall be provided.
46. Shopping Center: One (1) space per 200 square feet net retail floor area for the
first 1000 square feet, plus six (6) spaces per each additional 1000 square feet,
plus additional spaces for restaurants, theaters, personal service establishments,
and offices as determined by the requirements of this section.
47. Swimming Pool, Commercial: One (1) space per four (4) persons lawfully
permitted in the pool at one time, plus one (1) space per employee.
48. Tennis Courts / Tennis Club: Four (4) spaces per court, plus such additional
spaces as may be required herein for affiliated uses such as eating establishments.
49. Theater, Auditorium, or Convention Center: One (1) space per four (4)
viewing accommodations plus one (1) space per two (2) employees.
50. Vehicle Sale, Rental and Ancillary Service Establishment: One (1) space per
500 square feet of enclosed sales/rental floor area, plus one (1) space per 2500
square feet of open sales/rental display lot area, plus two (2) spaces per service
bay, plus one (1) space per employee, but not less than five (5) spaces minimum.
51. Vehicle Service Establishment: Two (2) spaces per service bay, plus one (1)
space per employee, but not less than five (5) spaces minimum.
52. Veterinary Clinic: One (1) space per one hundred (100) square feet of gross floor
area exclusive of that area to house animals.
53. Warehouse, Storage and Mini-storage: Four (4) spaces per 1000 square feet of
net floor area of office space associated with the use plus one (1) space per
employee and/or two (2) spaces for a resident manager.
54. Wholesale Trade Establishment: One (1) space per 1.5 employees, plus one (1)
space per company vehicle, but with a minimum of one (1) space per 1000 square
feet of gross floor area.
55. Miscellaneous Uses: Where no specification is set forth herein for a specific use,
parking requirements for such uses shall be based on facility usage by visitors,
patrons, and/or customers plus employees, or as otherwise determined by
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Planning Director. At the discretion of the Planning Director, the applicant may
be required to submit a parking impact study for uses for which regulations are
not herein above provided.
56. Handicap Spaces: Minimum handicap space requirements shall be in accord with
the table below unless ADA requirements for the use stipulate otherwise:
Less than five (5) total spaces: 0
Five (5) to fifty (50) spaces: 1
Fifty-one (51) to 100 spaces: 2
One-hundred one (101) spaces to two hundred (200) spaces: 3
Over two hundred (200) spaces: 3 plus 1 for each additional 100 spaces
F. Minimum Required Off-Street Loading Spaces:
1. Loading space requirements for permitted and special permit uses:
a.
All required off-street loading spaces shall be located on the same lot as
the use served.
b.
Required off-street loading spaces may be provided cooperatively for two
or more uses, as long as the contractual arrangements for the permanent
availability of such spaces meet the standards set by the Planning Director.
c.
All required off-street loading spaces and their appurtenant aisles and
driveways on any given lot shall be deemed to be required space, and shall
not be reduced or encroached upon except by approval of the Planning
Commission.
All off-street loading space shall be provided with safe and convenient
access to a street. If such space is located contiguous to a street, the street
side thereof shall be curbed, and ingress and egress shall only be provided
through such a curbed driveway.
No required off-street loading area shall be used to satisfy the space
requirement for any off-street parking facilities, and no loading area shall
be so located as to interfere with the free circulation of vehicles in any offstreet parking area.
No motor vehicle repair work, with the exception of emergency service,
shall be permitted in any space designated as off-street loading area.
All off-street loading areas, including aisles and driveways, shall be
constructed and maintained with a dustless (concrete or bituminous
concrete) surface, except as otherwise permitted for heavy equipment
storage for industrial uses.
Where a use or building contains a combination of uses, loading facilities
shall be provided on the basis of the sum of the r equired spaces for each
use. For loading spaces based on the square footage of a building, the net
floor area shall be used.
d.
e.
f.
g.
h.
2. Computation of required loading spaces
The following off-street requirements shall be provided in accordance with the
following schedule:
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a. Restaurants, Eating Establishments and Fast Food Establishments:
One (1) space for the first 10,000 square feet of gross floor area plus one (1) space
for each additional 25,000 square feet.
b. Retail, Office, Service, Supply and Light Industrial Establishments:
One (1) space for the first 10,000 square feet of gross floor area plus one (1) space
for each additional 20,000 square feet.
c. Manufacturing, Heavy Industrial, Warehousing and Vehicles of Heavy Equipment
Establishments: One (1) space for the first 5,000 square feet of gross floor area
plus one (1) space for each additional 20,000 square feet.
d. Others: Where the required number of loading spacers is not set forth herein
above for a particular use, the Planning Director shall determine the basis for the
number of loading spaces required.
G. Stacking Lane Requirements:
1. Stacking spaces shall be required for any use having drive-through or drive-in
facilities.
2. Stacking spaces shall be a minimum of ten (10) feet in width and eighteen feet in
length, and shall be designed so as not to impede on- and off-site traffic
movements and sight distances at intersections.
3. Stacking lanes and spaces shall be separate from other circulation aisles and
parking spaces.
4. Stacking lanes shall be separated from other on-site parking and circulation lanes
by a raised median or other acceptable method to ensure the adequate channeling
and safety of traffic movements.
5. Computation of required stacking spaces:
The following minimum stacking space requirements shall be provided in
accordance with the following schedule:
a.
Eating and fast food establishments: Ten (10) stacking spaces, with
distance as measured from the closest drive-through window.
b.
Car washes: Three (3) stacking spaces per car wash bay.
c.
Financial institutions: Six (6) stacking spaces for the first drive through
window and two (2) stacking spaces for each additional window.
d.
Other uses: For uses not specifically provided for herein, the Planning
Director shall make the final determination regarding the number of required
stacking spaces.
H. Handicap Parking Space Requirements:
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1. Handicap parking spaces for the physically disabled or elderly shall be required at
the rate of three (3) percent of the first 200 parking spaces required for any use.
2. For uses which provide parking for more than 200 spaces, six (6) handicap spaces
shall be provided for the first 200 parking spaces, plus one (1) percent of the
required spaces in excess of 200 parking spaces.
3. Notwithstanding the above, all handicap parking space requirements shall
conform with current ADA regulations.
4. The Planning Commission, upon recommendation by the Planning Director may
modify handicap space requirements where the applicant can demonstrate fewer
spaces are required and that ADA requirements are fully satisfied.
5. Handicap parking spaces shall have the following dimensions: Width = Eight (8)
feet; Length = Eighteen (18) feet; Handicap access aisle width = Five (5) feet; and
Van access aisle width = Eight (8) feet. Vehicular access aisles (parking bay
travelways) shall be the same as for perpendicular parking. Two handicap spaces
may share the same 5 foot access aisle.
6. No more than four (4) handicap spaces shall be grouped together within a parking
lot.
7. Inclined access ramps shall be provided and designed to promote safe access from
both sides of a vehicle directly to a sidewalk. Ramps shall have a minimum width
of five (5) feet and a maximum slope of one unit vertical in twelve units
horizontal (1:12), provided that if current ADA requirements for handicap space
access are more restrictive, then ADA standards and criteria shall apply. These
ramps should also provide suitable accessibility to vans.
8. All handicapped parking spaces shall be clearly identified by the placement of
signs, with minimum height of four (4) feet and a maximum height of six (6) feet.
Signs and parking spaces shall be marked with the standard handicap logo.
I. Private Streets and Vehicular Access Aisles:
1. Private subdivision streets in residential subdivisions are not recommended. Any
application for private subdivision streets in any residential single family
subdivision must be reviewed as a special use permit and approved by the
Planning Commission and the Board of Supervisors in conjunction with the
requirements of Chapter 6 as well as other requirements for subdivision plat and
plan approvals. Refer to the County’s design and construction criteria for the
specific conditions and transportation design criteria for private subdivision
streets.
2. Private streets and vehicular access aisles (i.e. combined travelways and parking
spaces located within parking bays) in townhouse, apartment and non-residential
forms of development may be allowed as a part of the site plan approval process.
3. Private streets and vehicular access aisles (i.e. combined travelways/parking bays
or parking lots) are intended to provide on-site vehicular circulation and parking
for projects such as townhouse and multi-family development, commercial
shopping centers and freestanding uses, and other uses requiring a site plan for
which dedicated public streets and public parking is not deemed necessary.
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4. Private streets and vehicular access aisles (i.e. combined travelways/parking bays)
shall be limited to serve primarily non-through, fixed-traffic generating internal
vehicular circulation conditions related to a particular site plan use and which,
further, do not adversely affect the transportation objectives of the
Comprehensive Plan or limit the ability of the County to provide for future public
street improvements where such private facilities are proposed.
5. Private streets and vehicular access aisles (combined parking bays/travelways or
parking lots) shall be designed based on the projected traffic demands for a given
facility or use, and, further, shall comply with the standards and criteria of the
County’s Construction and Design Standards Manual and the Subdivision
Ordinance. The engineer or architect submitting a site plan shall provide a
detailed traffic impact analysis and transportation improvements plan which
provides analysis and specifications for pavement widths, street geometry,
pavement design, pavement striping, signage, signalization, and private
ingress/egress easement requirements.
6. Easements of ingress and egress shall be granted for public emergency vehicles
and private maintenance vehicles.
7. The maximum grade for private streets and vehicular access aisles in townhouse,
apartment and non-residential forms of development shall not exceed ten (10)
percent. The Planning Commission may increase the maximum grade upon
determination that there exists no reasonable design alternative and that the
increase in grade would be in the interest of the public health, safety and general
welfare. The applicant must request a waiver from the Planning Commission to
increase the street grade.
8. Entrances from public streets to private street and vehicular access aisles shall be
designed and constructed in accordance with VDOT standards. An adequate
landing and grade transition shall be provided for vehicular access aisles in order
to allow for the stopping of vehicular and to provide adequate sight distance. The
approach grade should not exceed four (4) percent for a distance of forty (40)
feet from the edge of pavement of the street or road being entered.
9. Private streets and vehicular access aisles shall maintain adequate turning radius
to provide for a minimum of one hundred (100) feet sight distance. The Planning
Director may increase the minimum radius for large vehicle turning movements.
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Chapter 9:
Landscaping and Screening Regulations
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Chapter 9: Landscaping and Screening Regulations
A.
Intent.
The landscaping and screening regulations are intended to: improve the environmental
impact of development by contributing to the abatement of heat, glare, and noise and
promoting natural percolation of storm water; reduce the visual impact of parking lots,
unsightly equipment, or materials from view of persons on the public streets or adjoining
properties; improve the quality of air; buffer potentially incompatible land uses from one
another; and preserve the value of property within the County.
The scale and nature of landscaping materials shall be appropriate to the size of the
structures and the available space. Materials shall be located to avoid interference with
overhead or underground utilities and utility easements or vehicular and pedestrian
movement and visibility.
B. Applicability.
Landscaping and buffering standards shall apply to development within Neighborhood
Residential District (NR), Attached Multifamily District (A/M-R), Limited Business (B1),Village Mixed Use District (V-MU), Town Center District (TC-B), Planned Shopping
Business District (PS-B), Light Industrial District (L-I), Heavy Industrial District (H-I),
Planned Community Development District (PCD-O), and Cluster Residential
Developments. Parking lot landscaping and street front landscaping shall be required of
any development with off-street parking areas except single family residential
development.
The landscaping and screening requirements and standards shall apply to:
1.
2.
3.
New development, including principal and accessory structures on
property located within the Districts listed in this Section.
Expansion and/or reconstruction of parking lots with five (5) or more
parking spaces.
Expansion and major renovation of an existing building that includes
significant site modification as determined by the Planning Director based
on site conditions and improvements. Major renovation will generally
increase the assessed valuation of the subject property by at least fifty
percent (50%). In the event that the property owner or developer does not
agree with the Planning Director’s determination regarding the
applicability of the standards, an appeal to that determination may be filed
for review by the Planning Commission within ten (10) working days of
the Planning Director’s decision.
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C. Applicability and Exceptions of Landscaping and Screening
Elements.
The Landscaping and screening requirements include a number of design elements as
identified in this Section. These elements will have varying applicability depending on
the zoning district and adjoining land uses. For the purpose of this section, undeveloped
properties shall be considered based on their expected use based on the Future Land Use
Map of the Nelson County Comprehensive Plan.
Design Elements
Street Trees
Street Front Landscaping
Parking Lot Landscaping
Bufferyards
Applicable Districts
Street Trees are required for new streets in major
subdivisions.
Neighborhood Residential (N-R), Attached and
Multifamily (A/M-R), Commercial and Business
Districts, Economic Development Districts,
Planned Community Development Districts, and
Cluster Residential Developments.
Neighborhood Residential (N-R), Attached and
Multifamily Residential (A/M-R), Commercial and
Business Districts, Economic Developments, and
Cluster Residential Developments.
All Residential Districts where the property
adjoins a rural and farming district and/or an
agricultural operation; all Attached and
Multifamily Residential Districts (A/M-R) where
the property adjoins an rural and farming district,
rural residential district, Commercial and Business
Districts, Economic Development Districts, and
Cluster Residential Districts; all Commercial and
Business Districts, and Economic Development
Districts where the property adjoins Rural and
Residential Districts, and Planned Community
Development Districts. See Matrix below. For
purpose of this section the term district shall also
include property designated for such uses under
the Future Land Use Map of the Nelson County
Comprehensive Plan.
Bufferyard Matrix
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(X Denotes Required Bufferyard)
DISTRICT
NON RESIDENTIAL &
NON-AGRI-CULTURAL
USES IN THE RURALFARMING
DISTRICT.
RURAL- RESIDENTIAL
ADJOINING DISTRICT
R- R- N- A/M-R
F
R
R
B1
VMU
TCB
PSB
LI
H-I
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
ATTACHED AND
MULTIFAMILY
DWELLINGS
X
X
X
X
X
X
X
X
BUSINESS, B-I
X
X
X
X
VILLAGE MIXED
USE
X
X
X
X
X
X
X
X
X
X
X
X
NEIGHBORHOOD
RESIDENTIAL
TOWN CENTER
PLANNED
SHOPPING
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
LIGHT INDUSTRIAL
HEAVY INDUSTRIAL
PLANNED
COMMUNITY
CLUSTER
RESIDENTIAL
*DISTRICT SHALL MEAN
AREAS ZONED,
DESIGNATED, OR
DEVELOPED FOR SUCH
USE UNDER THE FUTURE
LAND USE MAP OF THE
COMPREHENSIVE PLAN
D.
Definitions.
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The following definitions shall be used for terms contained within this section.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
Berm. A mound or embankment of earth, usually two to six feet in height,
used to shield or buffer properties from adjoining uses, highways or noise.
Bufferyard. A landscaped area along lot lines provided to separate and
partially obstruct the view of two (2) adjacent land uses or properties from
one another. No structures except fences shall be allowed in the bufferyard.
Deciduous Overstory Tree. A shade producing woody tree having a
mature height and spread of at least thirty (30) feet with one well-defined
trunk having no branches at or near the base.
Deciduous Shrubs. Woody plants that range from three (3) to fifteen (15)
feet tall at maturity and often are multi-stemmed with low branching.
Deciduous Understory Tree. A woody plant at least fifteen (15) feet tall at
maturity with one or more well-defined trunks.
Evergreen/Conifer Shrub. A woody plant having green needle-like foliage
throughout the year and ranging from three (3) to fifteen (15) feet tall at
maturity and often are multi-stemmed with low branching.
Evergreen/Conifer Tree. An upright cone-bearing plant having green
needle –like foliage throughout the year and at least fifteen feet in height at
maturity.
Landscape Area. The area within the boundaries the boundaries of a given
lot consisting primarily of plant material, including but no limited to grass,
trees, shrubs, flowers, vines, ground cover and other organic plant materials.
I organic materials, such as brick, stone, or aggregate, may be used within
landscape areas as identifies in this Section.
Landscaping Plan. A plan containing the information provided for in
Section 5-A.
Minimum Street Landscaping. The minimum landscaped area which must
be provided in a street yard, expressed as a percent of the total area
contained within that street yard.
Street Yard (Street Frontage). A contiguous area along the street right-ofway.
l. Vehicular Use Area (Parking Area). All areas subject to vehicular
traffic, including but not limited to accessways, driveways, loading areas,
service areas and parking stalls for all types of vehicles. This definition
shall not apply to covered structures and public streets.
E. General Requirements.
Landscaping and Screening requirements shall be subject to the following general
requirements:
a. Landscaping plans to be provided for each phase of the development
review process. At a minimum the landscaping plans shall require the
following.
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1. The applicant’s name and address and interest in the property.
2. The owne’rs name and address, if different from the applicant, and
the owner’s signed consent to the filing of the plan.
3. The street address and legal description of the property.
4. Title, scale, north marker, and date.
5. Zoning classification of site and all adjoining property(ies).
6. All lot (property) lines, easements and rights-of-way.
7. All surrounding roads including names and route numbers.
8. The total square foot of the vehicle use areas and the street yard.
9. Location, scientific name, common name, quantity of trees, twelve
(12) inches or greater in caliper to remain or be removed.
10. All existing and proposed drainage detention areas.
11. Other information or documentation as the County may deem
necessary to allow a full and proper consideration and disposition
of the particular.
b. Landscaping shall be provided within the minimum setback area along
street frontages as provided by this section.
c. Bufferyards between various types of land uses and in residential areas,
both existing and planned shall include design elements in a combination
to provide effective buffering with consideration of existing topography
and site conditions, The proposed plan for said design elements shall be
reviewed by the County to determine consistency with provision of this
Chapter.
d. Placement of trees and shrubs shall be designated to meet the County’s
and VDOT’s requirements regarding minimum sight lines, and
underground utility easements. These factors shall be addressed the
County and VDOT as part of the landscaping plan review.
e. Landscaping plans provided for construction shall identify the minimum
size and number of required trees, shrubs, and provisions for living
groundcover. Non-living ground cover such as rock and walk on bark that
does not exceed twenty-five percent (25%) of the overall planting area
may be used. Impervious materials, such as concrete or asphalt paving,
shall not be used within required landscaping areas with the exception of
sidewalk areas or edging.
f. Existing appropriate mature trees and vegetation may be incorporated into
overall site design and shall be considered in meeting the requirements of
this Ordinance. The extent that such existing vegetation meets the
requirements of these standards shall be reviewed and approved by the
Planning Commission.
F. Street Trees/Groundcover.
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No trees are permitted to be located within the right-of-way of a State road without
obtaining approval from the Virginia Department of Transportation. The location, size,
and number of trees within the right-of-way is to be determined by VDOT.
a. Living ground cover, such as grass, shall be provided within right-of-way
areas of all districts. Non-living materials ( such as walk on bark, mulch,
and ornamental rock) may be used for up to twenty-five percent (25%) of
the right-of-way exclusive of access.
G. Street Front Landscaping.
All areas adjoining public or private street frontage shall be landscaped to include trees,
shrubs, and living ground cover as required by this chapter. Landscape areas between the
public or private street and parking areas are encouraged to include mounding to enhance
the screening of vehicles from the street. For the purpose of this Chapter, said street front
landscape depth of the Commercial/Business Districts and Economic Development
District shall have at least fifteen (15) feet along street frontages and ten (10) feet along
street side frontages. Double frontage lots shall maintain a minimum depth of fifteen (15)
feet. Landscape depth for Attached and Multifamily Districts shall comply with the
underlying setback required for the zoning district. Street front landscaping shall include
all areas along public or private street frontage, public or private street side setbacks, and
setbacks along other property lines boarding a public or private setback, and setbacks
along other property lines bordering a public or private street. For lots having a width of
less than one hundred fifty feet (150), the minimum street frontage landscape depth shall
be at least five feet (5).
a. Landscaping shall comply with the general standards indicated below. It is
intended that the standards shall provide landscape design flexibility in
plant selection while still meeting the objectives of this Ordinance.
b. Trees. Street trees shall be provided at a rate of one tree per forty feet (40’)
of frontage excluding driveway openings. A minimum of fifty (50)% of
the required trees shall be at least two inch (2”) diameter shade trees. The
remaining trees maybe any combination at least two inch shade trees and
or six foot (6) high evergreen trees. Street frontage trees shall not be
required for lots having a width of less than one hundred fifty feet (150)
and an area not exceeding twenty thousand (20,000) square feet.
c. Shrubs: Six (6) per one thousand square feet (1,000 sq. ft.) of planting
area where parking does not adjoin street and sufficient shrubs to provide
sixty-six percent (66%) screening to height of three feet (3’) where
parking adjoins a street. Up to twenty percent (20%) of the required shrubs
may be replaced by ornamental grasses or perennial flowers at a rate of
four (4) such plants per shrub replaced.
d. Ground Cover: Living ground cover, such as grass, shall be provided
within
all
required
street
frontage
landscaped
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areas. Non-living materials (such as walk-on bark, mulch, and ornamental
rock) may be used for up to twenty-five percent of the landscaped area.
e. The specific location of trees and landscaping within the required setback
area shall be approved by the Planning Commission based on site
characteristics.
f. Mounding not exceeding one foot (1’) in height for every three (3) feet of
depth is strongly encouraged to screen vehicles for street frontages
adjoining parking lots with a depth of ten feet (10) or greater.
H. Parking Lot Landscaping:
All parking lots shall include landscaping and trees within the parking area as required by
this Chapter. Trees required by this chapter shall be in addition to trees to trees and
landscaping required under other Sections of the Ordinance. It is the objective of this
Section to provide shade within parking areas and break up large expanses of parking lot
pavement.
a. Trees at a rate of one (1) per twelve (12) parking spaces shall be provided
for all parking lot areas. Required parking area trees shall be large shade
tree varieties and have a minimum two inch (2”) diameter at breast height
at the time of planting.
b. For parking areas having thirty (30) or more spaces such trees shall be
located in protected landscape areas within the parking lot with the
provision that up to fifteen percent (15%) of the required trees may be
located within ten feet (10’) of the parking lot perimeter. The location,
size, and design of the landscaped areas shall be approved by the Planning
Commission to ensure viability of the planting and protection from
damage by vehicles while also meeting the objectives of this Chapter.
c. For parking lot areas with thirty (30) or more spaces, a continuous planter,
including trees, shall be provided for every fourth parking bay. Said
continuous planter shall include large shade trees planter no closer than
twenty (20) foot centers. The width and design of said continuous planter
shall be approved by the Planning Commission to viability of the planting
and protection from damage by vehicles.
d. Planter areas shall be a minimum width of six feet (6’) measured from the
inside of the protective curbing. These areas may be widened to
accommodate head in parking with a thirty inch (30”) vehicle overhang
into the planter area so long as the required six foot (6’) minimum width
for the tree planting is maintained.
I. Bufferyards:
Yards separating residential subdivisions, multiple family, office, commercial, and
industrial development closer than one hundred feet (100)’ from zoning districts where
bufferyard is required by this chapter shall provide an effective buffer as indicated in this
Chapter. It is the objective of the bufferyard to lessen, rather than completely eliminate,
land use conflicts between such uses. It is not expected that bufferyards will totally
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screen such uses. It is expected that the bufferyard design elements identified below will
provide immediate lessening of land use conflicts and such buffering will be enhanced
over time as landscaping matures. Bufferyards may include a combination of elements
including setback distances as separation, tree and shrubs, solid fencing, and/or berming.
It is encouraged that existing topography and vegetation be included in the design of the
bufferyard as approved by the Planning Commission. Retention of existing mature trees
is strongly encouraged in meeting the requirements of this Chapter.
The standards provided in the bufferyard options identified below may be used in
combination to meet the intent of this Chapter:
a. Rear Bufferyards shall have a minimum depth of fifteen feet (15’) and
include standards as identified below.
1.
Natural Buffers. Four (4) evergreen variety trees, two flowering
variety, and ten (10) shrubs per 100 linear distance ( evergreen
shrubs to be spaced at five feet (5’) on center with a minimum
mature height of five feet (5’) or fifteen (15) large deciduous shrubs
per one hundred feet (100’) of linear distance planted in a staggered
double row.
2.
Structural Buffers. Solid six foot (6’) high wall or fence with two
(2) evergreen variety trees, two (2) flowering variety trees, and five
(5) large shrubs per one hundred feet (100’) of linear distance.
3.
Earthen Berm Buffer. Minimum fifteen foot (15’) rear bufferyard
with berming not to exceed a 3’ to 1’ slope ratio, three (3) large
evergreen trees, two (2) flowering variety trees per one hundred
(100) feet of linear distance, and sufficient evergreen shrubs with a
combined height ( berm and mature shrubs) of five feet (5’) to form
a continuous screen within three (3) years of planting and/or
sufficient deciduous shrubs with a combined height of five feet (5’)
to form a continuous screening within three (3) years of planting .
b. Side bufferyards shall have a minimum depth of fifteen feet (15”) and
include standards as identified below.
1. Natural Buffer-Evergreen. Four (4) evergreen variety trees, two (2)
flowering variety trees and ten (10) evergreen shrubs per one
hundred (100’) of linear distance.
2.
Natural Buffer-Deciduous. Four (4) deciduous variety trees, two
(2) flowering variety trees, and fifteen (15) large shrubs per one
hundred feet (100’) of linear distance.
3.
Structural Buffers. Solid six foot (6’) high wall or fence with two
(2) flowering trees, and five (5) large shrubs per one hundred (100
ft.) of linear distance.
J.
Additional Landscaping/Screening Requirements
Landscape and building elements shall be used to screen areas of low visual interest or
visually intrusive site elements ( such as trash collection, open storage, service areas,
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loading docks and blank walls) from off site view. Such screening shall be established on
all sides of such elements except where an opening is required for access. If access is
possible only on a side that is visible from a public street, a removable or operable screen
shall be required.
1.
2.
3.
Screening of Ground Mounted Mechanical Units. For all uses,
except any individual lot occupied by a single family or two family
dwelling, all ground mounted mechanical units, including but not
limited to: air-conditioning condensers, heat pumps, ventilation
units, generators, etc., and any related utility structures and
equipment, that are visible from any adjacent public thoroughfare
hall be visibly screened from public view. The screen shall be
designed and established so that the area or element being screened
is no more than twenty (20) percent visible through the screen.
Screening of Roof Mounted Mechanical Units. All roof-mounted
mechanical units shall be screened from adjacent public streets by
the use of an opaque acreening material compatible with the
architecture of the building or architecturally designed screening
such as a parapet wall. The screening of the roof –mounted units
shall be designed to blend with the building and roof materials.
Additional screening may be required due to topographic
differences in adjoining properties.
Screening of Trash Receptacles. For all uses, except for an
agricultural operation and any individual lot occupied by a singlefamily, or two family dwelling using a common trash receptacle;
a.
Solid material screening or full screening landscaping on
three sides to a height that screens the containers, typically
six feet (6’). Use of materials that are not solid, such as slates
in chain-link fence, shall not be used to meet this
requirement.
b.
Enclosure openings directly visible from a public street and
adjoining residential areas or use shall have a solid material
gate. For larger enclosure areas a separate gate access is
encouraged.
c.
Access drives shall be constructed of material and thickness
to accommodate truck loading. Year round accessibility to
the enclosure area for service trucks shall be maintained by
the property owner or tenant.
d.
Enclosures shall be of an adequate size to accommodate
expected containers. It is encouraged to design the enclosure
area to be expandable to accommodate future additional
containers.
e.
Enclosure structures shall be designed to protect the walls
from damage by containers. Such protection may be provided
by use of barrier curbing, reinforced masonry walls, or other
similar means.
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f.
g.
h.
Materials and elevations for enclosures that are attached to
building shall be designed to be compatible with main
structure.
If enclosures are to be attached to buildings they shall
comply with the State’s Fire and Building Codes.
Trash enclosures shall not be located within a required street
front or street side setbacks or occupy area used for required
parking.
K. Subdivision Landscaping and Street Tree Requirements.
1.
For any subdivision developed within any residential zoning
district or a cluster residential subdivision (excluding R-F and R-R
Districts), a street tree landscape plan shall be submitted with all
residential subdivision plats and other development plans
involving the construction, extension or widening of private or
public streets.
2.
The street tree landscape plan for residential subdivisions shall
provide for the placement of street trees outside of and contiguous
to either the (a) right-of-way for a public street or (b) private
access easement for a private subdivision street. A minimum of
one street tree on each side of a given subdivision street shall be
established for each forty (40) feet of right of way length.
3.
Within residential subdivisions, the street tree landscape plan shall
provide an integrated program of street tree plantings, residential
subdivision lot landscaping, and tree preservation for all lots
located within the subdivision.
4.
No street trees shall be installed which interfere with minimum
transportation site distances for public and private streets. The
landscape plan shall depict sight distance alignments and the
location of sight easements.
5.
The applicant’s landscape architect or qualified landscape designer
shall consult with the Planning Director during the sketch plan and
preliminary plat phase to determine the most appropriate species of
street trees as well as suitable landscape design and placement
concepts for use in a given subdivision or street development
program.
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L.
Bonds and Maintenance
1.
No landscape plan required by this ordinance shall be approved
until the applicant has posted a bond acceptable to the County
conditioned upon satisfactory installation of the landscaping
proposed in the landscape plan. The bondable sum shall be
established by the Planning Director upon receipt of the applicant’s
certified estimate of costs for the proposed landscape
improvements.
2.
As determined by the Planning Director, the bond (or a portion
thereof ) for landscaping may be held in force for a period of not
longer than eighteen (18) months from date of planting of
materials, provided that landscape materials have been specified,
planted and maintained pursuant to the requirements of this
chapter. During the period, plant materials shall be tended and
maintained in a healthy growing condition and replaced if
necessary.
3.
Street trees shall be bonded along with other public improvements
proposed for any County residential subdivision, provided that
single family residential subdivisions with fewer than five (5) lots
shall be exempt from bonding requirements.
4.
Upon written notice by the Planning Director, the subdivider or
developer shall repair or replace any landscape materials, seeding
and ground cover, screening, fencing, fine grading and
earthscaping, or other landscape elements which do not meet the
requirements and intent of this chapter within thirty (30) days of
notification.
5.
No Certificate of Occupancy shall be issued until required
landscaping is completed in accordance with the approved
landscape plan or as otherwise conditioned by the Planning
Director.
6.
The cost of installation and materials for landscape improvements
shall be included in bonds for subdivision or site improvements.
M. Administrative Requirements.
1. Previously Approved Site Plans. Any site plan or landscaping plan
approved by the Planning Commission prior to the effective date of
this Ordinance shall remain enforceable and in force.
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2. Installation. All landscaping required by this Chapter shall be
installed prior to occupancy or commencement of a use. If the
landscaping cannot be installed prior to occupancy or
commencement of a use because of climate conditions, the building
official my issue a temporary certificate of occupancy and grant a
delay of landscape installation until the calendar date of June 1
immediately following the date of said temporary certificate of
occupancy.
3. Maintenance of Requirement Landscaping. Trees and vegetation,
irrigation systems, fences, walls and other landscaping elements
shall be considered as elements of the project in the same manner as
parking, building materials and site details. The applicant landowner
or successors in interest shall be responsible for the regular maintain
of all landscaping elements in good condition. All landscaping
materials shall be maintain free from disease, pests, weeds, and
litter, and all landscape structures such as fences and walls shall be
repaired and replaced periodically to maintain a structurally sound
condition in order to maintain the required landscaping of the site.
4. Rights-Of-Way, Easements, and Drainage. Required landscaping
shall not disturb drainage systems or be placed upon easements or
rights-of-way.
N. Changes to Approved Landscape Plan.
The landscaping shall be installed and maintained according to the approved landscape
plan except where authorized changes are permitted. The approved landscape plan and
supporting data shall be binding on the applicants, their successors, and grantees,
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Chapter 10
Sign Regulations
Chapter 10: Sign Regulations
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A. Purpose and Intent
The purpose of this article is to regulate the size, location, height and construction of all
signs for public observance; to protect the public health, safety, convenience and general
welfare; to facilitate the creation of a convenient, attractive and harmonious community,
to protect property values; and to further the urban design and economic development
objectives of Nelson. Signs subject to these regulations include all exterior signs and
permanent interior window signs which are placed for exterior observance. Pursuant to
the goals of the Comprehensive Plan, outdoor advertising signs (“billboards”) are
considered inappropriate to the character and appropriate development of the County. To
these ends, these regulations are intended to promote signs which are:
1. Compatible with the physical and architectural character of their surroundings;
2. Legible and appropriate to the activity to which they pertain;
3. Not distracting to motorists;
4. Avoid visual clutter;
5. Constructed and maintained in a structurally sound and attractive condition;
6. Limited to the specific use or business that is in operation on the premises;
and
7. An enhancement to the appearance of the County’s corridors, residential
neighborhoods and business areas.
B. Sign Permit Requirement
Except as provided hereinafter, no sign shall be erected, installed, used, altered, painted,
relocated, replaced or reconstructed until a Sign Permit has been issued by the Planning
Director and, if applicable, approved by the Corridor Design Review Board. For the
purpose of this Ordinance, all signs are considered accessory uses and, unless specifically
qualified, shall be located on the same lot with the principal use to which they pertain.
C. Sign Permit Procedures
1. Applicability: A Sign Permit shall be required for all signs except for those
specifically excluded from the permit requirements of this section.
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2. Filing of Application and Fees: Applications for Sign Permits shall be filed on a
form provided by the Planning Director, shall contain information required herein,
and shall be accompanied by a fee to be established by the Board of Supervisors.
3. Information Required: All applications for Sign Permits shall be submitted on the
standard Sign Application Form and the applicant shall provide additional written
or graphic exhibits to incorporate the following information:
a.
Name, address, and telephone number of the sign erector, sign owner, and
property owner.
b.
Position of the sign in relation to adjacent lot lines, buildings, sidewalks,
streets and intersections shown on a legal plat produced by a licensed
surveyor or engineer.
c.
Type of sign and general description of structural design and construction
materials to be used.
d.
Purpose of the proposed sign.
e.
Drawings of the proposed sign which shall contain specifications
indicating the height, perimeter and area dimensions, means of support,
method of illumination, colors, and any other significant aspect of the
proposed sign.
Tax map number, zoning and address of property on which the sign is to
be located.
Information pertaining to the number, shape size, type and conforming of
exiting signs on the subject property; and
f.
g.
h.
4.
Any other information requested by the Planning Director in order to
carry out the purpose and intent of these regulations.
Liability Insurance Required: No sign which is located on or projects over a
County/State right of way shall be erected unless an insurance policy shall have
been filed for public liability with a total limit of $1,000,000 per accident,
$500,000 per person bodily injury and $250,000 property damage. Such policy
shall be issued by an insurance company authorized to do business in the State of
Virginia. The policy shall name the County as a co-insured and shall required
thirty days written notice to the County before modification or cancellation. Such
insurance policy shall hold the County harmless from any and all claims or
demands for damages or negligence. The policy shall be maintained for the
duration of the time that the sign remains erected.
D. Sign Definitions
For the purpose of this article, certain terms and words pertaining to signs are hereby
defined. A “sign” is defined as any writing, letter work or numeral, pictorial presentation,
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illustration or decoration, emblem, device, symbol or trademark, flag, banner, pennant, or
any other device, figure or character which is employed to announce, direct attention to,
identify, or make known, and which is visible from a public street or sidewalk or area of
exterior public congregation. In addition, the general rules of interpretation contained in
this article are applicable to the following definitions.
1.
Abandoned Sign. An existing sign that advertises a business that is no longer in
operation.
2.
Accessory Sign. A sign relating only to the uses of the premises on which the
sign is located or products sold on the premises on which the sign is located, or
indicating the name or address of a building, the occupants or management of a
building on the premises where the sign is located.
3.
Animated Sign. A sign utilizing any form of movement, including, but not
limited to, animation, revolution, vertical or horizontal motion, whether electrical,
mechanical, windblown, or through change in lighting.
4.
Awning Sign. A sign painted or printed on, attached flat or sewn onto valance or
body of any awning.
5.
Banner. A piece of cloth, plastic or other flexible material on which words, letter,
figures, colors, designs or symbols are inscribed or affixed for the purposes of
advertisement, identification, display, or direction and which is suspended for
display, typically from buildings or poles.
6.
Billboard Sign. A sign used as an outdoor display for the purpose of advertising
or promoting a business, service, activity or products which is not located on the
premises on which a sign is situated. Also referred to as Outdoor Advertising
Sign.
7.
Building Mounted Sign. A sign attached to, painted on, inscribed upon or
deriving its major support from a building, including a wall sign, a projecting
sign, a canopy sign, a marquee or an awning sign. For the purpose of this
ordinance, permanent signs intended for the purpose of exterior observance which
are painted on windows or doors, attached to windows or doors, or hung behind
and within three feet of the windows or doors, either illuminated or nonilluminated, shall be considered a building mounted sign subject to the sign area
regulations contained in this article.
8.
Bulletin Board. A sign that identifies an institution or organization on the
premises of which it is located and that contains the name of the institution or
organization, the names of individuals connected with it, and general
announcements of events or activities occurring at the institution or similar
message.
9.
Canopy Sign. A sign attached to or displayed on a canopy. For the purpose of
this Article, a canopy is a permanent, roof-like structure of rigid materials either
supported by and extending from a building or freestanding, including marquee or
porte cocheres.
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10.
Changeable Copy Sign. A sign or part of a sign that is designed so that
characters, letters, or illustrations can be changed or rearranged without altering
the face or surface of the sign.
11.
Conspicuous vehicle sign. Any sign mounted or painted on or otherwise affixed
to any parked vehicle, parked trailer, or other parked device capable of being
towed, which is obviously and conspicuously parked so as to advertise the
business to the passing motorist or pedestrian, and for which the primary purpose
is to provide additional on-site signage or is to serve the function of an outdoor
advertising sign. Excluded from this sign type are vehicles and equipment in
operating condition which are currently registered and licensed to operate on
public streets with a valid inspection sticker, and which are actively used in the
daily function of the business to which such signs related.
12.
Construction Sign. A temporary sign which identifies the character of facilities
being actively constructed or altered, the anticipated sale, lease or rental of those
facilities, or the identity of the persons or firms engaged in the promotion,
financing, design, construction, or alteration of such facilities.
13.
Detached Sign. See Freestanding Sign.
14.
Directional Sign. An on-premises sign giving directions, instructions, and/or
facility information, but containing no advertising copy (e.g., parking, exit, or
entrance signs).
15.
Directory Sign. A subsidiary sign listing the names, uses, or location of various
businesses conducted within a building or group of buildings.
16.
Double-Faced Sign. A sign with two parallel, or nearly parallel, faces, back to
back, and located no more than 24 inches from each other.
17.
Externally Illuminated Sign. A sign which does not produce artificial light from
within itself but which is opaque and illuminated by spotlights or floodlights not a
part of or attached to the sign itself.
18.
Freestanding Sign. A sign, supported by one or more columns, uprights or
braces, in or upon the ground, but not attached to any building. A sign attached to
a flat surface not a part of the building, such as a fence or wall, shall be
considered a freestanding sign. A monument sign, as defined herein below, shall
also be considered a freestanding sign. For the purposes of this ordinance, a
freestanding sign listing two or more businesses located on a property or in a
shopping center, and which is designed as one sign, shall be considered one
freestanding sign.
19.
Festoons. A string of ribbons, tinsel, flags, pennants, pinwheels, or similar
devices.
20.
Flashing Sign. An illuminated sign on which the artificial or reflected light is not
maintained stationary and constant in intensity and color at all times when in use.
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21.
Flat Sign. See Wall Sign.
22.
Gasoline Station Sign. Signs for buildings and premises in which the primary
source of revenue is the retail dispensing of motor fuels. This information must be
verified by applicant prior to the issuance of sign permits.
23.
General Advertising Sign. Any sign which is not an accessory sign or which is
not specifically limited to a special purpose by these regulations.
24.
Informational Sign. A sign of a public or quasi-public nature which identifies or
locates a hospital, public building, college, university, public parking area,
historic area, major tourist attraction, public recreation area or similar public or
quasi-public activity, which shall be approved on a case-by-case basis by the
Planning Director.
25.
Internally Illuminated Sign. Any sign designed to radiate artificial light from
within itself.
26.
Marquee. A permanent structure, awning or canopy projecting beyond a building
wall at an entrance to a building or extending along and projecting beyond the
building’s wall and generally designed and constructed to provide protection
against the weather.
27.
Marquee Sign. Any sign attached to or hung from a marquee.
28.
Monument Sign. A ground mounted sign which is mounted on a contiguous base
having a minimum width of at least ninety percent (90%) of the sign width and its
supporting structure and not attached to any building. For the purposes of this
ordinance, a monument sign listing two or more businesses located on a property
or in a shopping center and which is designed as one sign shall be considered one
monument sign.
29.
Off Premises Directional Sign. A sign which is not located on the same premises
as the use to which it refers and which is intended to provide information as to the
identity and location of use, but which does not otherwise qualify as an
advertising sign.
30.
Off Premises Directional Open House Sign. A temporary sign which is intended
to provide information on the location of a real estate open house, and which is
not located on the same premises as the dwelling unit to which it refers.
31.
Outdoor Advertising Sign. A freestanding or building mounted sign which bears
a message which does not pertain to the use of the property, where the sign is
located, and which does not identify the place of business, if any, where the sign
is located as the purveyor or merchandise or services upon the property, Outdoor
advertising signs may also be referred to as “billboards” or “poster panels”, but
such signs shall not be interpreted to mean informational signs allowed by this
article.
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32.
Pole Sign. A freestanding sign supported by one or more pole structures or by
two or more uprights or braces placed in the ground.
33.
Political Sign. A temporary sign which pertains to an issue or candidate in an
election.
34.
Projecting Sign. A sign which is attached and perpendicular to the face of a wall
of a building and which extends twelve (12) inches or more from the building
wall or face.
35.
Rear Entrance Sign. A sign mounted flat against the wall adjacent to the rear
entrance of a commercial building office or business.
36.
Real Estate Sign. A temporary sign which advertises the sale, lease, rental, or
display of the lot or building upon which such sign is displayed.
37.
Roof Sign. A sign which is an integral part of the building design and is attached
to, painted on, or supported by the roof of a building.
38.
Sign. Any writing, letter work or numeral, pictorial presentation, illustration or
decoration, emblem, device, symbol or trademark, flag, banner, pennant, or any
other device, figure or character which is employed to announce, direct attention
to, identify, or make known, and which is visible from a public street or sidewalk
or area of public congregation.
39.
Sign Area. That area which outlines the outer extremities of all letters, figures,
characters, and delineations, or within an area including the outer extremities of
the framework or background of the sign, whichever includes the larger area. The
support for the sign background, whether it be columns, a pylon, or a building or
part thereof, shall not be included in the sign area. Only one side of a doublefaced sign shall be included in a computation of sign area, if the faces are not
more than 24 inches apart. For other signs with more than one face which are
more than 24 inches apart, each side shall be included in a computation of sign
area. The area of a cylindrical or spherical sign shall be computed by multiplying
the diameter of the cylinder by the height of the sign.
40.
Sign Height. The vertical distance from the street grade or the average lot grade
at the front setback line, whichever produces the greater vertical distance, to the
highest point of the sign.
41.
Sign Maintenance. The replacing or repairing of a part of portion of a sign made
necessary by ordinary wear, tear or damage beyond the control of the owner of a
sign, property, or establishment for which the sign is intended.
42.
Street Frontage. The entire length of that part of a lot that fronts on a public
street, as defined by the plat of record for the subject lot.
43.
Temporary Sign. A sign, banner, balloon, A-frame sign structure, pennant,
poster, or advertising display constructed of cloth, plastic, sheet, cardboard,
wallboard, or other materials, intended to be displayed for a limited period of
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time, and not permanently attached to a building or the ground. For the purpose of
this definition, a “limited period of time” is defined as a not more than thirty (30)
days during a period of 365 consecutive days.
44.
Wall Sign. A building mounted sign which is attached to, painted on, inscribed
upon, or deriving its major support from a wall and which projects less than
twelve (12) inches from the wall.
45.
Window Sign. A sign painted onto or physically affixed to a building window
including upper floor windows and the glazing of doors or signs legible from any
public right-of-way through a building window, limited to 10 percent of the total
glass area of the window in which they are placed.
E. General Requirements for All Signs
The following regulations shall apply generally to all signs and are in addition to the
regulations that apply to signs in each district:
1.
Sign Information and Sign Erection: All signs shall be erected on or before the
expiration of 30 days from the date of issuance of the permit; otherwise, the
permit shall become null and void and a new permit shall be required. Each sign
requiring a permit shall be clearly marked with the permit number and name of
the person or firm placing the sign on the premises. Fees for sign permits shall be
in accordance with this article or as may be otherwise amended from time to time
by the Board of Supervisors.
2.
Number of Signs: Except as otherwise provided, these regulations shall be
interpreted to permit one sign of each permitted basic sign type, in accordance
with applicable regulations, for each street frontage, for each permitted use on the
premises. For the purpose of this regulation, basic sign types are free standing
sign (including monument sign), building mounted sign, projecting sign, rear
entrance, and temporary sign.
3.
Responsibility: The owner and/or tenant of the premises and the owner and/or
erector of the sign shall be held responsible for any violation of these regulations.
Where a sign has been erected in accordance with these regulations, the sign
company shall be relieved of further responsibility under these regulations after
final approval of the sign by the Planning Director.
4.
Maintenance: All signs shall be maintained in good condition and appearance.
Lights for illuminated signs shall be maintained in good working order. After due
notice has been given as provided below, the Planning Director may cause to be
removed any sign which shows gross neglect or becomes dilapidated, at the
owner’s expense.
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5.
Removal: The Planning Director shall remove or cause to be removed any sign
erected or maintained in conflict with these regulations if the owner or lessee of
either the site or the sign fails to correct the violation within 30 days after
receiving written notice of violation from the Planning Director. Removal of a
sign by the Planning Director shall not affect any proceedings instituted prior to
removal of such sign.
6.
Landscaping: A landscaped planting area shall be provided around the base of
any freestanding or detached sign. The planting area shall contain 2 times the area
of the sign, be a minimum of 4 feet in width, be protected from vehicular
encroachment, and be landscaped with a combination of low-growing shrubs and
ground covers (other than grass), including at least 4 shrubs. The landscape
treatment shall be designed and maintained to not exceed a height of 3 feet above
the grade.
7.
Changeable message signs: For signs with changeable message panels or zip
tracks, the changeable message area of the sign shall not exceed 25 percent of the
total sign area, except for gasoline price signs which shall not exceed 75 percent
of the total sign area.
8.
Structural and safety characteristics: Structural and safety features and
electrical systems shall be in accordance with the requirements of the applicable
codes and ordinances. No sign shall be approved for use unless the structural
plans have been reviewed, a permit has been issued, and the plans are in
compliance with all the requirements of this Ordinance and applicable technical
codes. All signs which are electrically illuminated shall require a separate
electrical permit and inspection by the County’s Building Inspector.
9.
Illumination standards: Externally illuminated signs shall be illuminated only
by a steady, stationary, light source directed only at the sign without causing glare
for motorists and pedestrians or illumination spill over on neighboring properties.
Internally illuminated signs, in districts where permitted, shall be illuminated only
by a steady, stationary, light source internal to the sign without causing glare for
motorists and pedestrians or illumination spill over on neighboring properties.
10.
Sight distance: The land adjoining a street intersection that is to be kept clear of
obstructions between three (3) and seven (7) feet above the ground to protect the
visibility and safety of motorists and pedestrians. The impact of sign placement,
size and height shall be addressed with each sign permit application, with graphic
information to be provided with the submission of a site plan sufficient for the
Planning Director to assess an applicant’s site distance determination.
F. Calculation of Sign Area
1.
Sign area computations: The sign area shall be calculated as the entire area
within a single continuous perimeter, and a single plane, composed of a square,
circle, rectangle or other geometric figure that encloses the extreme limits of the
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sign’s message, background and trim, and including all letters, figures, graphics
or other elements of the sign.
2.
Frame and bracing elements: Any supporting frame and bracing members of a
sign shall not be included in the sign area calculations provided that (a) there are
two or less such members per sign, (b) any member does not exceed six inches in
diameter or square, (C) the member has no advertising value, and (d) the
supporting member does not form an integral part of the sign display, as
determined by the Planning Director.
3.
Sign faces calculated: The sign area shall be calculated based upon the maximum
number of faces viewable for any single ground position, as follows:
a.
b.
c.
Single faced sign: one face counted.
Double faced sign: each face counted.
“V” sign with and angle of 45 degree or greater: two faces counted.
d.
Three dimensional sign: projected to single flat planes, all visible sign
faces counted.
e.
Cylindrical sign: the sign area on each side of the cylinder shall be
calculated by multiplying the height of the cylinder by the diameter of the
cylinder.
4. Computations of sign height: The dimension from the top of any point on a sign,
including its support structure, of any sign erected within thirty (30) feet of a street
shall be the distance from the grade level of the nearest curb of the street to the top
of the sign or sign structure, whichever is greater. The height of all signs farther
than thirty (30) feet from a street shall be the distance from the grade level where
the sign is erected to the top of the sign or sign structure whichever is greater.
5. Computation of maximum allowable sign area
a. The total allowable sign area for all applicable signs shall not exceed the area
defined in each zoning district for each linear foot of building front along each
street regardless of the setback depth. All signs except for those exempted for
permit, temporary signs, directory signs and directional signs shall be counted in
calculating the allowable sign area.
b. On multi-frontage locations, the allowable sign area for all applicable signs on each
additional street frontage shall be located only on that frontage. Building frontage
facing publicly accessible parking lots may be considered a multi-frontage
location. Alleyways and street frontage facing residential zones are not allowable
multi-frontage locations.
G. Exempt Signs
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The following signs are exempted from the provisions of this section and may be erected
or constructed without a permit but in accordance with the structural and safety
requirements of the building code.
1.
Traffic Signs and Signals. Signs erected and maintained pursuant to and in
discharge of any federal, state, or county government function, or as may be
required by law, ordinance, or governmental regulation including official traffic
signs and signals, warning devices, and other similar signs.
2.
Changing of message content. Changing a copy on a bulletin board, poster
board, display encasement, marquee or changeable copy sign.
3.
Home/garage/yard sales sign. Temporary signs advertising a home, garage or
yard sale, as differentiated from signs advertising established commercial
enterprises and real estate sales, may be erected in any zoning district subject to
the following provisions:
a.
The sign may be erected only upon the property on which the sale is going
to be held and the height shall not exceed six (6) feet; and
b.
The area of one side of any such sign shall not exceed four (4) square feet;
and
No more than six (6) such sales may be held per year on the same
property; and
Only one such sign may be erected on any one piece of property, unless
the property fronts on two streets, in which case one sign is authorized on
each street frontage; and
The sign shall be installed no earlier than seven (7) days prior to the sale
and shall be removed within one day after the sale. In no case shall such
signs be permitted to remain on the property in excess of twelve (12) days.
c.
d.
e.
4.
Temporary window sign (Non-illuminated). Temporary, non-illuminated
window signs in display windows in a business district, limited to 10 percent of
the total glass area of the window in which they are placed.
5.
Temporary real estate signs (Non-illuminated). Temporary, non-illuminated
real estate signs advertising real estate for sale or lease shall be exempt from
obtaining a sign permit with the following restrictions:
a.
All real estate signs advertising commercial property or a residential
subdivision of 10 subdivided lots or more shall be a maximum of 24
square feet and shall not exceed 24 months in use.
b.
All real estate signs advertising single-family residential lots for sale or
lease shall not exceed 4 square feet in area and 4 feet in height and shall be
limited to one per lot.
c.
There shall be no more than one real estate sign per road frontage and the
sign must be located on the property.
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d.
6.
Off premises open house real estate signs advertising the sale, lease or
rental of property shall be allowed in conjunction with and for the duration
of an open house showing only and shall be limited to 4 square feet in area
and 4 feet in height.
Public auction/sales signs (Non-illuminated): Non-illuminated signs advertising
public auctions or sales, as differentiated from signs advertising established
commercial enterprises, real estate sales and home/garage/yard sales, may be
erected in any zoning district subject to the following provisions:
a.
The sign may be erected only upon the property on which the auction is
going to be held; and
b.
The area of one side of any such sign shall not exceed six (6) square feet
and the height shall not exceed six (6) feet; and
c.
No more than three (3) such sales may be held per year on the same
property; and
d.
Only one such sign may be erected on any one piece of property, unless
the property fronts on two streets, in which case one sign is authorized on
each street frontage; and
e.
The sign shall be installed no earlier than two (2) weeks prior to the date
of the sale and shall be removed no later than one (1) day after the date of
the sale or auction.
7.
Identifying sign for official state automobile inspection stations (Nonilluminated).
Non-illuminated signs identifying official state automobile
inspection stations and the inspection number which is due, provided that such
signs shall not exceed 10 square feet in area and shall be limited to one sign for
each street frontage. Such signs shall not be included in any computation of sign
area. “A-frame” designs shall be considered as a single sign for the purposes of
computing sign area.
8.
Temoprary, non-illuminated construction signs. Temporary non-illuminated
signs not more than 32 square feet in area, erected in connection with new
construction work and displayed on the premises during such time as the actual
construction work is in progress, one such sign for each street frontage.
9.
Signs warning trespassers (Non-illuminated). Non-illuminated signs warning
trespassers or announcing property as posted, without limitations on number or
placement, limited in area to two square feet.
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10.
Mounted or painted sign on a vehicle. Mounted, attached or painted signs on an
automobile, truck, bus, or other vehicle shall be permitted while in use in the
normal course of business. Such signs must be of a size, style, mounting, color
and configuration which would be in conformance with all Virginia Division of
Motor Vehicle laws and regulations for on-street operation of the subject vehicle.
The vehicle containing such sign shall be in operating condition, shall have proper
Division of Motor Vehicle registration and inspection certifications. Parking areas
on a lot for such vehicles must meet front yard building setback requirements and
parking shall be restricted to bona fide parking or loading areas on a lot. Any sign
shall which meets the definition of a Conspicuous Vehicle Sign, as defined, shall
be prohibited.
11.
Political signs: Sign applicable to federal, state or local elections are permitted
subject to the following provisions:
a.
The area of such sign shall not exceed eight (8) square feet and the height
shall not exceed four (4) feet; and
b.
Such signs may be erected no earlier than thirty (30) days prior to the date
of the election and shall be removed no later than seven (7) days after the election.
12.
Civic/charitable signs: Signs advertising activities of civic/charitable
organizations may be erected in any zoning district subject to the following
provisions:
a.
The area of one side of such sign shall not exceed eight (8) square feet and
the height shall not exceed six (6) feet; and
b.
The sign must advertise an activity taking place in the County of Nelson;
and
c.
Such signs may be erected no earlier than two (2) weeks prior to the date
of the activity and shall be removed no later than one (1) day after the
completion of the activity.
13.
Signs of a constituted government body. Signs which are erected or posted and
maintained for public safety and welfare or pursuant to any governmental
function or regulation.
14.
The display of a national, state or municipal flag: The display of a government
flag not exceeding 72 square feet in area per side.
15.
Memorial tablets and historic markers: Tablets or markers erected or approved
by the State of Virginia or County of Nelson.
16.
Address signs: Signs which display names and/or address numbers only of
residential occupant, with a face of thirty (30) square inches or less.
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17.
Seasonal displays and decorations which do not advertise a product or
service: displays or decorations that are of a patriotic, religious or civic character
on private property, not advertising a product or service, not displayed for a
period to exceed 30 days
18.
Artwork and statuary: Works of art that do not contain any commercial
messages or references.
19.
Decals: Decals affixed to windows or door glass panes, such as those that
indicate membership in a business group or credit cards accepted at the
establishment, provided that such decals do not exceed 36 square inches.
20.
Handicapped parking space sign: Signs not exceeding two (2) square feet in
area denoting reserved parking spaces for handicapped motorists, provided that
such signs meet all ADA requirements.
21.
Private drive signs: On-premise private residential drive signs limited to one per
drive entrance, not exceeding two (2) square feet in area, with language limited to
“private drive” and the address of any residences utilizing the private drive.
H. Temporary Signs
The following signs and displays may be erected only after obtaining a temporary sign
permit from the Planning Director. The temporary sign permit shall cite the applicant’s
stated purpose for the sign, the size, type and configuration of the sign, and the time the
sign is intended to be displayed as well as any other necessary information necessary to
allow the Planning Director to issue the permit. The Planning Director may issue
temporary permits for a period not to exceed thirty (30) days, when in the opinion of the
Planning Director, the use of such signs and displays would be in the public interest and
would not result in damage to private property. At the sole discretion of the Planning
Director, a permit for a temporary sign may be extended for a period not to exceed thirty
(30) days. If a temporary sign is not removed by the expiration of the time limitation, the
Planning Director may remove the sign or display and charge the cost of the removal to
the individual applicant or responsible enterprise.
1.
Civic and cultural event sign. Signs or banners not exceeding 32 square feet
advertising a special civic or cultural event such as a fair, exposition, play,
concert, or meeting, sponsored by a governmental, civic, or charitable
organization.
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2.
Seasonal decorative commercial sign. Special decorative signs or displays for
commercial purposes in a district where such sales are permitted used for holidays
and other seasonal events.
3.
Commercial promotional signs. Special sales promotion displays in a district
where such sales are permitted, including displays incidental to the opening of a
new business and special one-time auctions of real or personal property in estate
or bankruptcy sales.
4.
Commercial banner. Banners when used in conjunction with the opening of a new
business or an establishment going out of business in any commercial or industrial
district. Limit one banner.
5.
Residential banner. Banners when used to announce the grand opening and
initiation of sales or leasing of lots and/or dwelling units within a newly
developing residential project have at least 10 lots or units. The cumulative area
of all such banners erected for any single residential project shall not exceed 32
square feet. Banners shall not be illuminated.
6.
Temporary portable sign. Temporary portable signs, such as “A-frame” signs, not
exceeding 32 square feet in area, which are intended to identify or display
information pertaining to an establishment for which permanent free-standing
signage is on order as evidenced by presentation of a copy of an executed order
form for such permanent signage to the Planning Director. Such permit shall
expire and the portable sign shall be removed upon the arrival of the permanent
sign or 30 days, whichever shall occur first.
7.
Moored balloon and floating sign. Moored balloon and floating signs tethered to
the ground or a structure, provided that the size, type, location and duration of
such sign shall be approved at the sole discretion of the Planning Director.
I. Prohibited Signs
1.
Outdoor advertising sign. Outdoor advertising signs, including billboards,
unless otherwise specified in this ordinance.
2.
Permanent pennants and banners. Permanent pennants, banners, festoons,
streamers, and all other flutter, spinning or similar type signs and advertising
devices are prohibited, except for the following: national flags, and flags of a
political subdivision of the United States.Flags of a bona fide civic, charitable,
fraternal, and welfare organizations, during nationality recognized holiday
periods, or during a special civic event, may be displayed by temporary permit as
provided above in this article, and, further, provided that the Planning Director
may approve special flags and flag poles when, at the sole discretion, of the
Planning Director, they form an integral design feature of a building or group of
buildings and not an ordinary advertising device.
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3.
Permanent advertising on fences. Permanent advertising signs attached to
fences in recreation areas are prohibited in all residential districts, provided that
advertising signs for individual businesses which are intended to be placed on
fences contained entirely within athletic fields may be permitted by special use
permit.
4.
Roof sign and roof projecting sign. No sign which is not an integral part of
the building design shall be painted, fastened to and supported by or on the roof
of a building and no projecting sign shall extend over or above the roof line or
parapet wall of a building.
5.
Flashing sign. No flashing signs or signs containing strings of lights shall be
permitted in any district. No such sign shall be constructed erected, used,
operated, or maintained which displays intermittent lights resembling, or seeming
to resemble, the flashing lights customarily associated with danger or such as are
customarily used by police, fire, or ambulance vehicles, or for navigation
purposes.
6.
Sign causing visual confusion. No sign shall be constructed, erected, or operated,
or maintained which is so located and so illuminated as to provide a background
of colored lights blending with traffic signal lights which may confuse a motorist
when viewed from normal approaching position of a vehicle at a distance of 25 to
300 feet. Such determination shall be made at the sole discretion of the Planning
Director.
7.
Tree, utility pole and other related signs. No sign, except official notices of the
County of Nelson, shall be attached to trees, utility poles, public property,
improvements within public rights of way, or on any unapproved supporting
structure, with such determination made at the sole discretion of the Planning
Director.
8.
Sign projecting over a public right of way. No signs shall project over public
right-of-way without express permission of the Planning Commission in
conjunction with the approval of a site plan, except for permitted flat signs which
may project not more than 18 inches.
9.
Conspicuous vehicle sign. Any sign mounted or painted on or otherwise affixed
to any parked vehicle, parked trailer, or other parked device capable of being
towed, which is obviously and conspicuously parked so as to advertise the
business to the passing motorist or pedestrian, and for which the primary purpose
is to provide additional on-site signage or is to serve the function of an outdoor
advertising sign. Excluded from this sign type are vehicles and equipment in
operating condition which are currently registered and licensed to operate on
public streets with a valid inspection sticker and which are actively used in the
daily function of the business to which such signs related. Such determination
shall be made by and at the sole discretion of the Planning Director.
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10.
Signs attached to freestanding sign. Separate signs attached to a freestanding
sign or its supporting structure, advertising services including but not limited to
automobile travel clubs and credit cards.
J. Nonconforming Signs:
Any sign which (1) was erected in accordance with all applicable regulations in effect at
the time of its erection, (2) was lawfully in existence at the time of the effective date of
this ordinance, and (3) which does not conform to the provisions herein, and any sign
which is accessory to a lawful nonconforming principal use, shall be deemed a lawful
nonconforming sign, and may remain, subject to the following:
1.
A nonconforming sign must be maintained in good repair and condition.
However, any sign which is declared to be unsafe or unlawful by any authorized
County official because of its physical condition may not be restored, repaired or
rebuilt, and, further, such sign must be removed at the expense of the owner of
such sign or establishment related thereto.
2.
Nonconforming signs may not be enlarged, extended, modified, reconstructed or
structurally altered except in accordance with this article.
3.
Nonconforming signs shall not be repainted or refaced when such action alters or
changes the wording, composition, color or material of the sign unless such a
change is specifically authorized by the Planning Director.
4.
No nonconforming sign shall be moved on the same lot or building or to another
lot or building unless the sign as relocated is modified to comply with all
requirements of this article.
5.
A nonconforming sign may not be reconstructed and must be removed if the
structure, building or use to which it is accessory is destroyed, or demolished to
an extent exceeding fifty (50) percent of the appraised value of the principal
structure, building or use.
6.
A nonconforming sign which is destroyed or damaged to an extent exceeding fifty
(50) percent of its appraised value may not be altered, replaced, or reinstalled
unless it is in conformance with this article. If the damage or destruction is fifty
(50) percent or less of the appraised value, the sign may be restored within 60
days of the damage, but shall not be enlarged in any manner.
7.
Applications for unusual signs or displays which give rise to questions of
interpretation of these regulations may be referred by the Planning Director to the
Planning Commission for the purpose of interpretation by the Planning
Commission and recommendation for action on the application by the Planning
Director. If, in the opinion of the Planning Commission, the application is not
adequately covered by these regulations, the Planning Commission may direct the
Planning Director to make recommendations for amendment of this article.
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K. Abandoned Signs
A sign, including its supporting structure or brackets, shall be removed by the owner or
lessee of the premises upon which the sign is located when the business it advertises is no
longer on the premises. Such sign, if not removed within sixty (60) days from the
termination of occupancy by such business shall be considered to be in violation of this
section, and the Planning Director may cause the abandoned sign to be removed at the
owner’s expense.
L. Permitted Signs in the Rural & Farming District, RF, and Rural
Residential Village District, RRV
The following non-illuminated or externally illuminated signs shall be permitted in the
County’s Rural & Farming District and the Rural Residential Village District as listed
herein above:
1.
Freestanding Signs:
a.
Church, institutional or civic use identification. One freestanding
monument sign, limited to thirty-two (32) square feet, in area for a church
bulletin board or identifying a church, school, park, playground, library,
museum, or other permitted public or semipublic use, recreational use or
club, shall be permitted. An additional area not exceeding forty-four (44)
square feet may be devoted to architectural elements which serve as
support or base for such sign and which are not part of the message
portion of the sign. Pole signs are prohibited.
b.
Single family detached subdivision or project identification sign.
One freestanding monument sign per street entrance identifying a singlefamily detached residential subdivision or manufactured home park,
limited in area to twenty-four (24) square feet, shall be permitted. Two (2)
such signs are permitted if erected in conjunction with a media (formal
gateway entrance) and approved as part of the plan of development or
subdivision application. An additional area not exceeding thirty-two (32)
square feet may be devoted to architectural elements which serve as
support or base for such sign and which are not part of the message
portion of the sign. Pole signs are prohibited.
c.
Multifamily subdivision or project, nursing home or day care facility
identification sign. One freestanding monument sign not exceeding
thirty-two (32) square feet in area identifying a multifamily development,
single-family attached development site, nursing home, day care facility,
and similar permitted uses in the district, shall be permitted. An additional
area not exceeding forty-four (44) square feet may be devoted to
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architectural elements which serve as support or base for such sign and
which are not part of the message portion of the sign. Pole signs are
prohibited.
2.
3.
d.
Bed and breakfast identification sign. One freestanding sign not exceeding
twelve (12) square feet in area identifying a bed and breakfast, inn or
tourist home, shall be permitted. An additional area not exceeding sixteen
(16) square feet may be devoted to architectural elements which serve as
support or base for such sign and which are not part of the message
portion of the sign.
e.
Dwelling unit identification sign. One freestanding sign limited in area to
two (2) square feet, to identify the owner or occupant of a dwelling or
building or a permitted home occupation, shall be permitted.
Building Mounted Signs:
a.
Dwelling unit identification sign. One sign limited in area to two (2)
square feet, to identify the owner or occupant of a dwelling or building or
a permitted home occupation, shall be permitted.
b.
Multifamily building identification sign. One or more signs limited in
aggregate area to ten (10) square feet, to identify the building address,
shall be permitted.
c.
Decorative flags. Any building used for a home occupation or business
may have one building-mounted decorative flag.
Directory Signs.
a.
4.
Church directories. Directory signs are not permitted in residential
districts, except for directories at churches and places of worship. Such
directory signs shall not exceed sixteen (16) square feet in area An
additional area not exceeding twenty-four (24) square feet may be devoted
to architectural elements which serve as support or base for such sign and
which are not part of the message portion of the sign.
Additional Regulations.
a.
Sign Height and Setback. All freestanding signs in these districts shall
have a maximum height of 8 feet and shall not be located within five (5)
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feet of any public street right-of-way, or property line and shall not be
located within ten (10) feet of any alley, private street or driveway
intersecting a public or private street .
b.
Corridor Overlay District (C-O). In the C-O District, the Review Board
shall approve the design compatibility of signs with the C-O District
guidelines and may authorize an alternative signage plan that does not
strictly adhere to the area, number, height and location criteria within the
C-O District if it is determined that the design is more consistent with the
architectural character of the building to which it relates and other
surrounding properties and as guided by the County’s Corridor Design
Guidelines for signs.
c.
Non-residential uses. Signs for non-residential uses shall be governed by
the regulations for signs in the Neighborhood Business District, NB.
d.
Agra business signs. Signs for agricultural uses shall be governed by the
regulations in the Neighborhood Business District, NB.
L. Permitted Signs in the Village Mixed Use District, V-MU
The following externally illuminated or non-illuminated signs shall be permitted in the
Village Mixed Use District, V-MU.
1.
Freestanding Signs:
a.
Business identification sign for a single occupant commercial building.
One freestanding sign for identification of a bank, office building, funeral
home, studio, or its occupants or similar uses permitted in the commercial
and business districts shall be permitted. Such sign shall be limited in area
to twenty-four (24) square feet. An additional area not exceeding thirtytwo (32) square feet may be devoted to architectural elements which serve
as support or base for such sign and which are not part of the message
portion of the sign.
b.
Business identification sign for a group of two or more contiguous
stores or businesses per building. Permitted sign area shall be combined
into a single freestanding sign advertising all businesses on the premises,
shall be permitted. The combined sign shall not exceed thirty-two (32)
square feet in area. An additional area not exceeding forty-four (44) square
feet may be devoted to architectural elements which serve as support or
base for such sign and which are not part of the message portion of the
sign.
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c.
2.
Directional signs. Directional signs limited in area to four (4) square feet
shall be permitted as accessory signs and not included in any computation
of sign area. One per entrance not to exceed three (3) feet in height nor
located within five (5) feet of any street right-of-way line.
Building Mounted Signs:
a.
Wall signs. One wall sign shall be permitted for each establishment on the
premises, as long as there are no projecting, awning, canopy or marquee
signs for that establishment. Sign area shall be limited to one-half square
foot (0.5 sf.) of sign per linear foot of building frontage. Under no
circumstances shall any single sign exceed thirty-two (32) square feet in
area. A rear entrance wall sign shall be permitted for each establishment
and shall not exceed six (6) square feet in size.
b.
Projecting signs. One projecting sign shall be permitted for each
establishment on the premises, as long as there are no wall, awning,
canopy or marquee signs for that establishment. Sign area limited to
sixteen (16) square feet of area. Projecting signs which extend over a
public sidewalk shall be limited in area to nine (9) square feet. c. Awning,
canopy or marquee signs. One awning, canopy or marquee sign shall be
permitted for each establishment on the premises, as long as there are no
projecting or wall signs for that establishment. Sign area shall be limited
to 0.5 square feet of sign per linear foot of building frontage. Under no
circumstances shall any single sign exceed thirty-two (32) square feet in
area.
3.
Directory Signs.
Business directories. One directory sign is allowed per
commercial building. Such directory signs shall not exceed eight (8) square feet in
area When directory is freestanding, an additional area not exceeding twelve (12)
square feet may be devoted to architectural elements which serve as support or
base for such sign and which are not part of the message portion of the sign.
4.
Additional Regulations.
a.
All freestanding signs in this district shall have a maximum height of ten
(10) feet and shall not be located within ten (10) feet of any public street
right-of-way, property line, alley, private street or driveway intersecting a
public or private street. Additionally no freestanding sign shall be located
within the area of a lot comprised of 30% of the total width or depth of the
lot lying adjacent to a residential use.
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M.
b.
Corridor Overlay District (C-O). In the C-O District, the Review Board
shall approve the design compatibility of signs with the C-O District
guidelines and may authorize an alternative signage plan that does not
strictly adhere to the area, number, height and location criteria within the
C-O District if it is determined that the design is more consistent with the
architectural character of the building to which it relates and other
surrounding properties and as guided by the County’s Corridor Design
Guidelines for signs.
c.
Non-illuminated signs permitted in all residential districts shall be
permitted in the Village Mixed Use District, provided that signs
identifying uses which are permitted in the residential districts shall be
subject to the regulations set forth in that section.
d.
Additional regulations for establishments with gasoline sales when
permitted by right or special use permit.
1.
Types of signs permitted shall be flat, canopy, detached, and pump
island. See regulations for this zoning district for size requirements
for flat, canopy, and detached signs.
2.
Gasoline Pump Island signs are subject to the following additional
conditions:
a.
Two non-illuminated “self-serve” or “full-serve” signs per
pump island not to exceed 2 square feet each; and
b.
One fuel price or promotional information sign per fuel
pump not to exceed two square feet.
Permitted Signs in the Town Center District, TC.
The following illuminated or non-illuminated signs shall be permitted in the Town Center
District, TC.
1. Freestanding Signs:
a.
Business identification sign for a single occupant commercial building.
One freestanding sign for identification of a single business establishment
shall be permitted. Such sign shall be limited in area to sixteen (16) square
feet. An additional area not exceeding twenty-two (22) square feet may be
devoted to architectural elements which serve as support or base for such
sign and which are not part of the message portion of the sign.
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b.
Business identification sign for a group of two or more contiguous stores
or businesses per building. Permitted sign area shall be combined into a
single freestanding sign advertising all businesses on the premises. The
combined sign shall not exceed twenty-four (24) square feet in area. An
additional area not exceeding thirty-two (32) square feet may be devoted
to architectural elements which serve as support or base for such sign and
which are not part of the message portion of the sign.
c.
Directional signs. Directional signs limited in area to four (4) square feet
shall be permitted as accessory signs and not included in any computation
of sign area. One per entrance not to exceed three (3) feet in height nor
located within (5) feet of any street right-of-way line.
2. Building Mounted Signs:
a.
Wall signs. One wall sign shall be permitted for each establishment on the
premises. The combined sign area of wall, projecting, canopy, awning and
marquee signs shall be limited to one (1) square foot of sign per linear foot
of building frontage.
One (1) rear entrance wall sign is permitted for each establishment and
shall not exceed four (4) square feet in size.
b.
Projecting signs. One projecting sign shall be permitted for each
establishment on the premises. The combined sign area of wall, projecting,
canopy, awning and marquee signs shall be limited to one (1) square foot
of sign per linear foot of building frontage.
Additionally each side of a projecting sign must be counted towards the
total allowable sign area.
c.
Awning, canopy or marquee signs. One awning, canopy or marquee sign
shall be permitted for each establishment on the premises. The combined
sign area of wall, projecting, canopy, awning and marquee signs shall be
limited to 1 square foot of sign per linear foot of building frontage.
3. Directory Signs.
a.
Business directories. One directory sign is allowed per commercial
building. Such directory signs shall not exceed eight (8) square feet in area
When directory is freestanding, an additional area not exceeding twelve
(12) square feet may be devoted to architectural elements which serve as
support or base for such sign and which are not part of the message
portion of the sign.
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4. Additional Regulations.
a.
All freestanding signs in this district shall have a maximum height of ten
(10) feet and shall not be located within five (5) feet of any public street
right-of-way, property line, alley, private street or driveway intersecting a
public or private street.
b.
Corridor Overlay District (C-O). In the C-O District, the Review Board
shall approve the design compatibility of signs with the C-O District
guidelines and may authorize an alternative signage plan that does not
strictly adhere to the area, number, height and location criteria within the
C-O District if it is determined that the design is more consistent with the
architectural character of the building to which it relates and other
surrounding properties and as guided by the County’s Corridor Design
Guidelines for signs.
c.
Non-illuminated signs permitted in all residential districts shall be
permitted in the Town Center District, provided that signs identifying uses
which are permitted in the residential districts shall be subject to the
regulations set forth in that section.
N. Permitted Signs in the Planned Shopping Business District, PS-B:
The following accessory illuminated or non-illuminated signs shall be permitted in the
Planned Shopping Business District, P-B:
1. Freestanding Signs:
a.
Business identification sign for a single occupant commercial building.
One freestanding or monument sign for identification of a single business
establishment shall be permitted. Such sign shall be limited in area to
thirty-two (32) square feet. An additional area not exceeding forty-four
(44) square feet may be devoted to architectural elements which serve as
support or base for such sign and which are not part of the message
portion of the sign.
b.
Business identification sign for a group of two or more contiguous
stores or businesses per building and less than 60,000 gross leasable
square feet. Permitted sign area shall be combined into a single free-
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freestanding or monument sign advertising all businesses on the premises.
The combined sign shall not exceed forty-eight (48) square feet in area.
An additional area not exceeding sixty-four (64) square feet may be
devoted to architectural elements which serve as support or base for such
sign and which are not part of the message portion of the sign.
c.
Business identification sign for a group of two or more contiguous
stores or businesses per building and more than 60,000 gross leasable
square feet. Permitted sign area shall be combined into a single
freestanding or monument sign advertising all businesses on the premises.
The combined sign shall not exceed sixty-four (64) square feet in area. An
additional area not exceeding eighty-five (85) square feet may be devoted
to architectural elements which serve as support or base for such sign and
which are not part of the message portion of the sign. d. Directional signs.
Directional signs limited in area to four (4) square feet shall be permitted
as accessory signs and not included in any computation of sign area. One
per entrance or exit not to exceed three (3) feet in height nor located
within five (5) feet of any street right-of-way line.
2. Building Mounted Signs:
a.
Wall signs. Wall signs shall be permitted for each establishment on the
premises. The combined sign area of wall, projecting, canopy, awning and
marquee signs shall be limited to two (2) square foot of sign per linear foot
of building frontage.
One rear entrance sign, mounted by the rear entrance to each business
establishment. The size of the rear entrance sign is limited to four (4)
square feet.
b.
Projecting signs. One projecting sign shall be permitted for each
establishment on the premises. The combined sign area of wall, projecting,
canopy, awning and marquee signs shall be limited to two (2) square foot
of sign per linear foot of building frontage. Additionally each side of a
projecting sign must be counted towards the total allowable sign area. c.
Awning, canopy or marquee signs. Awning, canopy or marquee signs
shall be permitted for each establishment on the premises. The combined
sign area of wall, projecting, canopy, awning and marquee signs shall be
limited to two (2) square foot of sign per linear foot of building frontage.
3. Directory Signs.
a.
Business directory for a single occupant commercial building. One
directory sign is allowed per commercial building. Such directory signs
shall not exceed sixteen (16) square feet in area When directory is
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freestanding, an additional area not exceeding twenty-four (24) square feet
may be devoted to architectural elements which serve as support or base
for such sign and which are not part of the message portion of the sign.
b.
Business directory -for a group of two or more contiguous stores or
businesses per building and less than 60,000 gross leasable square
feet. One directory sign is allowed. Such directory signs shall not
exceed twenty four (24) square feet in area When directory is freestanding,
an additional area not exceeding thirt-six (36) square feet may be devoted
to architectural elements which serve as support or base for such sign and
which are not part of the message portion of the sign.
c.
Business directory- for a group of two or more contiguous stores or
businesses per building and more than 60,000 gross leasable square
feet. One directory sign is allowed. Such directory signs shall not exceed
thirty-two (32) square feet in area When directory is freestanding, an
additional area not exceeding forty-eight (48) square feet may be devoted
to architectural elements which serve as support or base for such sign and
which are not part of the message portion of the sign.
4. Additional Regulations.
a.
Freestanding signs for single occupant commercial buildings or
individual buildings with two or more tenants and less than 60,000
gross leasable square feet, in these districts, shall have a maximum
height of sixteen (16) feet and shall not be located within ten (10) feet of
any public street right-of-way, property line, alley, private street or
driveway intersecting a public or private street.
b.
Freestanding signs for buildings with two or more tenants and more
than 60,000 gross leasable square feet, in these districts, shall have a
maximum height of twenty-four (24) feet and shall not be located within
twenty (20) feet of any public street right-of-way, property line, alley,
private street or driveway intersecting a public or private street.
c.
Individual free-standing signs for individual shopping center tenants
shall not be permitted. For the purposes of this section, lawfully
subdivided out parcels which have been depicted on the approved
shopping center site plan shall be considered as separate parcels and may
be signed as such.
d.
Corridor Overlay District (C-O). In the C-O District, the Review Board
shall approve the design compatibility of signs with the C-O District
guidelines and may authorize an alternative signage plan that does not
strictly adhere to the area, number, height and location criteria within the
C-O District if it is determined that the design is more consistent with the
architectural character of the building to which it relates and other
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surrounding properties and as guided by the County’s Corridor Design
Guidelines for signs.
e.
Non-illuminated signs permitted in all residential districts shall be
permitted in the H-O and PS-B Commercial Districts, provided that signs
identifying uses which are permitted in the Rural and Residential District
shall be subject to the regulations set forth in that section.
f.
Additional regulations for establishments with gasoline sales when
permitted by right or special use permit.
1.
Types of signs permitted shall be flat, canopy, detached, and pump
island. See regulations for this zoning district for size requirements
for flat, canopy, and detached signs.
2.
Gasoline Pump Island signs are subject to the following additional
conditions:
A.
Two non-illuminated “self-serve” or “full-serve” signs per
pump island not to exceed 2 square feet each; and
B
One fuel price or promotional information sign per fuel
pump not to exceed two square feet.
O. Permitted Signs in the Light Industrial District, LI, and the Heavy
Industrial District, HI
The following illuminated or non-illuminated signs shall be permitted in the Light
Industrial District, L-I, and the Heavy Industrial District, H-I:
1. Freestanding Signs:
a.
Business identification sign for a commercial building with 20,000
gross leasable square feet or less. One freestanding or monument sign
for identification of a single business establishment shall be permitted.
Such sign shall be limited in area to forty-eight (48) square feet. An
additional area not exceeding sixty-four (64) square feet may be devoted
to architectural elements which serve as support or base for such sign and
which are not part of the message portion of the sign.
b.
Business identification sign for a commercial building with more
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than 20,000 gross leasable square feet but less than 100,000 gross
leasable square feet. Permitted sign area shall be combined into a single
freestanding sign advertising all businesses on the premises. The
combined sign shall not exceed sixty-four (72) square feet in area. An
additional area not exceeding ninety-six (96) square feet may be devoted
to architectural elements which serve as support or base for such sign and
which are not part of the message portion of the sign.
c.
Business identification sign for a commercial building with more than
100,000 gross leasable square feet. Permitted sign area shall be
combined into a single freestanding sign advertising all businesses on the
premises. The combined sign shall not exceed sixty-four (100) square feet
in area. An additional area not exceeding one hundred and thirty-three
(133) square feet may be devoted to architectural elements which serve as
support or base for such sign and which are not part of the message
portion of the sign.
d.
Directional signs. Directional signs limited in area to eight (8) square feet
shall be permitted as accessory signs and not included in any computation
of sign area. One sign per entrance or exit not to exceed eight (8) feet in
height nor located within ten (10) feet of any street right-of-way line.
2. Building Mounted Signs:
a.
Wall signs. One wall sign shall be permitted for each establishment on the
premises. The combined sign area of wall, projecting, canopy, awning and
marquee signs shall be limited to two (2) square foot of sign per linear foot
of building frontage.
One rear entrance sign, mounted by the rear entrance to each business
establishment. The size of the rear entrance sign is limited to four (4)
square feet.
b.
Projecting signs. One projecting sign shall be permitted for each
establishment on the premises. The combined sign area of wall, projecting,
canopy, awning and marquee signs shall be limited to two (2) square foot
of sign per linear foot of building frontage. Additionally each side of a
projecting sign must be counted towards the total allowable sign area.
c.
Awning, canopy or marquee signs. One awning, canopy or marquee sign
shall be permitted for each establishment on the premises. The combined
sign area of wall, projecting, canopy, awning and marquee signs shall be
limited to two (2) square foot of sign per linear foot of building frontage.
3. Directory Signs.
Business directories. One directory sign is allowed per commercial building. Such
directory signs shall not exceed sixteen (24) square feet in area When directory is
freestanding, an additional area not exceeding thirty-six (36) square feet may be devoted
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to architectural elements which serve as support or base for such sign and which are not
part of the message portion of the sign.
4.. Additional Regulations.
a.
All freestanding signs in these districts shall have a maximum height
of twenty-four (24) feet and shall not be located within twenty (20) feet
of any public street right-of-way, property line, alley, private street or
driveway intersecting a public or private street. No sign shall be located
within fifty (50) feet of any residential district.
b.
Corridor Overlay District (C-O). In the C-O District, the Review Board
shall approve the design compatibility of signs with the C-O District
guidelines and may authorize an alternative signage plan that does not
strictly adhere to the area, number, height and location criteria within the
C-O District if it is determined that the design is more consistent with the
architectural character of the building to which it relates and other
surrounding properties and as guided by the County’s Corridor Design
Guidelines for signs.
c.
Non-illuminated signs permitted in all residential districts shall be
permitted in the in the Light Industrial District and the Heavy Industrial
District provided that signs identifying uses which are permitted in the
residential districts shall be subject to the regulations set forth in that
section.
d.
Additional regulations for establishments with gasoline sales when
permitted by right or special use permit.
1.
2.
Types of signs permitted shall be flat, canopy, detached, and pump
island. See regulations for this district for size requirements for
flat, canopy, and detached signs.
Gasoline Pump Island signs are subject to the following additional
conditions: a. Two non-illuminated “self-serve” or “full-serve”
signs per pump island not to exceed 2 square feet each; and b. One
fuel price or promotional information sign per fuel pump not to
exceed two square feet.
P. Permitted Signs in the Planned Community Development Overlay
District, PCD.
Regulations for signs to be located within the Planned Community Development Overlay
District will be governed by the sign regulations that are applicable to the individual
underlying districts as depicted on the approved Zoning District Designation Plan for the
PCD District.
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Q. Special Sign Exceptions
1.
Cause for Exceptions: In order to provide for adjustments in the relative
locations of signs of the same or different classifications, to promote the
usefulness of these regulations as instruments of fact finding,
interpretation, application and adjustment, and to supply the necessary
elasticity to their efficient operation, special sign exceptions may be
granted by the Planning Commission, as permitted by the terms of these
regulations, after notice and a public hearing as provided for in this
ordinance. Towards this end, an owner of a property or business may
apply to the Planning Commission for a special sign exception permit.
2.
Considerations for Exceptions: In considering an application for a
special sign exception, the Planning Commission, upon recommendation
from the Planning Director, shall give due regard to the specific guidelines
and standards of this article and those listed elsewhere in this ordinance,
and in general to the nature and condition of adjacent uses and structures,
and probable effect upon them of the proposed exception. The Planning
Commission shall also take into account the special characteristics, design,
location, construction, method of operation, effect on nearby properties, or
any other aspects of the particular sign that may be proposed by the
applicant.
3.
Adverse Effect: If it should find, after the hearing, that the proposed sign;
a.
will not adversely affect the community appearance, health,
safety, or welfare of persons residing or working on the premises
or in the neighborhood or corridor,
b.
will not unreasonably impair the desired character of the district,
corridor or adjacent districts,
c.
nor be incompatible with the land use plans and objectives of the
County’s adopted Comprehensive Plan,
d.
nor be likely to reduce or impair the value of buildings or property
in surrounding areas,
e.
but that such sign will be in substantial accordance with the
general purpose and objectives of this article, then the Planning
Commission, upon consideration of recommendation from the
Planning Director, may grant the exception and authorize the
issuance, of a special sign exception permit.
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4.
Conditions for Mitigation: In those instances where the Planning
Commission finds that the proposed sign may be likely to have an adverse
effect as above, the Planning Commission shall determine whether such
effect can be avoided by the imposition of any special requirements or
conditions with respect to location, design, construction, equipment,
maintenance or operation, in addition to those expressly stipulated in this
article, and may grant a special sign exception subject to such
reasonable conditions and limitations as the case may require, including
but not limited to limitation as to size, type, color, graphic design, location
or illumination.
5.
Application Fee: An application fee to be submitted with any special sign
exception application shall be established by the Board of Supervisors.
R. Appeal to Board of Zoning Appeals
Appeal on the grounds of hardship or on the basis of any other decision by the Planning
Director, Planning Commission or Board of Supervisors shall be made to the Board of
Zoning Appeals. Such appeal can be made by filing with the Planning Director a written
request within 10 days of the decision of the Planning Director or Planning Commission.
The appeal shall proceed under the law, procedure and rules established for the function
of the Board of Zoning Appeals.
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Chapter 11
Outdoor Lighting and Illumination Regulations
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Chapter 11: Outdoor Lighting and Illumination Regulations
A. Purpose and Intent
The Comprehensive Plan seeks to preserve the quality of life of its citizens and protect
the aesthetic character of the County. Towards that end, regulations for outdoor lighting
and illumination are established for all land uses pursuant to the following objectives: (1)
to protect night skies in Nelson County; (2) to protect the general welfare by controlling
the spillover of outdoor light onto adjacent propertys; and (3) to protect the public safety
by preventing glare from outdoor luminaries.
In order to ensure the implementation of these objectives, the regulations provided in this
article are intended to regulate the direction of light emitted from certain types of
luminaries and to limit the intensity of light on certain adjacent properties.
B. Application of Outdoor Lighting Regulations
Outdoor lighting regulations shall apply to each outdoor luminaire installed or replaced in
the County after the date of adoption of these regulations which is:
1.
Located on property within an attached/multifamily residential,
commercial or industrial zoning district, or which is associated with a use
for which a site plan is required by this ordinance, and which is equipped
with a lamp which emits three thousand (3,000) or more initial lumens; or
2.
Located on property within a residential or the rural areas zoning district
and which is associated with a use for which a site plan is not required by
this ordinance, and is equipped with a high intensity discharge lamp,
regardless of its maximum lumens; or
3.
A site lighting plan, a lumen diagram, specifications for outdoor
luminaire heights, luminaire design details, and other related information
pertaining to luminaires and which fully demonstrates their compliance
with the following regulations shall be provided by the owner with any
site plan or subdivision plat submission impacting property within an
attached/multifamily residential, commercial or industrial zoning district.
C. Definitions for Lighting and Illumination
In addition to those definitions found elsewhere in the zoning ordinance, the following
definitions shall apply in the implementation and enforcement of these outdoor lighting
regulations:
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1.
Decorative luminaire with full cutoff optics: The term “decorative
luminaire with full cutoff optics” means an outdoor light fixture with
manufacturer-provided or manufacturer-installed full cut-off optics
designed for aesthetic appeal. This term shall not include a canopy or
shoebox luminaire.
2.
Full cutoff luminaire: The term “full cutoff luminaire” means an outdoor
light fixture shielded in such a manner that all light emitted by the fixture,
either directly from the lamp or indirectly from the fixture, is projected
below the horizontal plane.
3.
High intensity discharge lamp: The term “high intensity discharge lamp”
means a mercury vapor, metal halide, high pressure sodium lamp, or low
pressure sodium lamp.
4.
Initial lumens: The term “initial lumens” means the lumens emitted from
a lamp, as specified by the manufacturer of the lamp.
5.
Lamp: The term “lamp” means the component of a luminaire that
produces light. A lamp is also commonly referred to as a bulb.
6.
Lumen: The term “lumen” means a standard unit of measurement of
luminous flux.
7.
Luminaire: The term “luminaire” means a complete lighting unit
consisting of a lamp or lamps together with the components designed to
distribute the light, to position and protect the lamps, and to connect the
lamps to the power supply. A luminaire is also commonly referred to as a
fixture.
8.
Outdoor luminaire: The term “outdoor luminaire” means a luminaire
which is permanently installed outdoors including, but not limited to,
devices used to illuminate any site, structure, or sign, except that it does
not include an internally illuminated sign.
D. Standards for Lighting
The following standards shall apply to each outdoor luminaire:
1.
Each outdoor luminaire subject to these outdoor lighting regulations shall
be a full cutoff luminaire or a decorative luminaire with full cutoff optics.
2.
For any given outdoor luminaire subject to these regulations, lumens
ratings shall be determined from information provided by the lamp
manufacturer including, but not limited to, information on the lamp or on
the lamp’s packaging materials.
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3.
For any given outdoor luminaire subject to these outdoor lighting
regulations, the following rated lamp wattages shall be deemed to emit
three thousand (3,000) or more initial lumens unless the Planning Director
determines, based upon information provided by a lamp manufacturer, that
the rated wattage of a lamp emits either more or less than the three
thousand (3,000) initial lumens:
a. Incandescent lamp: one hundred sixty (160) or more watts.
b. Quartz halogen lamp: one hundred sixty (160) or more watts.
c. Fluorescent lamp: thirty-five (35) or more watts.
d. Mercury vapor lamp: seventy-five (75) or more watts.
e. Metal halide lamp: forty (40) or more watts.
f. High pressure sodium lamp: forty-five (45) or more watts.
g. Low pressure sodium lamp: twenty-five (25) or more watts.
4.
If a luminaire is equipped with more than one lamp, the lumens of the
lamp with the highest initial lumens shall determine the lumens emitted.
5.
Each parcel, except those containing only one or more single family
detached dwellings, shall comply with the following:
a. The spillover of lighting from luminaires onto public roads and
property in residential or rural area zoning districts shall not exceed onehalf (0.5) foot-candles. A spillover shall be measured horizontally and
vertically at the property line or edge of right of way or easement,
whichever is closer to the light source.
b. All outdoor lighting, regardless of the amount of lumens, shall be
arranged to shield or reflect light away from adjoining residential districts
and away from adjacent roads.
c. Flashing lights, pulsating lights, and strobe lights are prohibited.
E. Modification, Waivers and Variations
1.
A modification, waiver or variation from the standard set forth may be
granted by the Planning Commission, as provided herein below.
2.
Prior to considering a request to modify, waiver or vary a regulation
contained in this article, the owner shall provide a minimum of ten (10)
days written notice to the owner, owner’s agent or occupant of each
abutting lot or parcel and each parcel immediately across the street or road
from the lot or parcel which is the subject of the request. The written
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notice shall identify the nature of the request and the date and time the
Planning Commission will consider the request.
3.
The Planning Commission may modify, waiver or vary the standard in a
particular case, and the Planning Commission may impose conditions on
such a modification, waiver, or variation which it deems appropriate to
further the purposes of these regulations under the following
circumstances:
a. Upon a determination that the strict application of the standard would
not forward the objectives of this ordinance or otherwise serve the public
interest.
b. Upon a determination that the alternatives proposed by the owner or
developer would satisfy the objectives of these regulations at least to an
equivalent degree.
c. Upon a determination that an outdoor luminaire, or system of outdoor
luminaires, required for a baseball, softball, football or soccer field cannot
reasonably comply with the standard and provide sufficient illumination of
the field for its safe use, as determined by recommended practices adopted
by the Illuminating Engineering Society of North America for that type of
field and activity or other evidence if a recommended practice is not
applicable.
F. Exemptions to Regulations
The following outdoor lighting and related acts shall be exempt from the requirements of
these outdoor lighting regulations:
1.
Lighting which is not subject to this chapter by state or federal law.
2.
Construction, agricultural, emergency, seasonal and special events, or
holiday decorative lighting for business establishments, provided that the
lighting is temporary and is discontinued within seven (7) days upon
completion of the project or holiday for which the lighting was provided.
3.
Lighting of the United States of America or Commonwealth of Virginia
flags and other non-commercial flags expressing constitutionally protected
speech.
4.
Security lighting controlled by sensors which provides illumination for
fifteen (15) minutes or less.
5.
The replacement of an inoperable lamp or component which is in a
luminaire that was installed prior to the date of adoption of this article.
6.
The replacement of a failed or damaged luminaire which is one of a
matching group serving a common purpose.
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Chapter 12
Site Plan Requirements and Land Development Criteria
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Chapter 12: Site Plan Requirements and Land Development
Criteria
A. Purpose and Intent
1. Title and Application:
The County shall require submission and approval of a plan of development,
hereinafter referred to as the “site plan”, prior to the issuance of zoning permits and
building permits to ensure the compliance with regulations contained in the Zoning
Ordinance of Nelson County, Virginia and, specifically, this chapter, which shall be
hereinafter referred to as the “Site Plan Requirements” pursuant to Section 15.2-2286
of the Code of Virginia (1997).
2. Relationship to Comprehensive Plan:
The site plan requirements shall be employed to implement the Comprehensive Plan,
the Future Land Use Plan Map, the Zoning Ordinance, and Nelson County’s
expressed growth management objectives. The Comprehensive Plan provides for a
balanced development policy which accommodates and directs future growth in a
manner sensitive to existing amenities, sensitive environmental areas, historic areas
and significant cultural features.
There is mutual responsibility between the County and the property owner (or
developer) to develop land within Nelson County in an orderly manner consistent
with the goals of the Comprehensive Plan. Therefore, the Comprehensive Plan shall
serve as a general guide to the owner of property and the developer in the land
development process.
3. Site Plan Process: Major and Minor Site Plans:
The purpose of this chapter is to facilitate the utilization of the most advantageous site
improvement techniques in the development of land within the County. The site plan
requirements promote contemporary standards in the siting, design, landscaping and
implementation of development to ensure that land is used in a manner which is
efficient and harmonious with neighboring properties.
Site improvements for a lot may be deemed by the County as either (a) major or (b)
minor. The County has separate requirements for the submission of either: (a) a major
site plan; or (b) a minor site plan, each of which is organized to respond to the unique
impacts and scope of any given land development activity. This chapter also provides
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for a preliminary site plan review process by the County’s Plan Review Committee
and establishes requirements for residential lot development plans within projects that
require public water or sewer systems.
Site plans and related public improvements plans, landscape plans, plats, design
calculations, construction specifications and architectural drawings that are to be
prepared and approved in accordance with the provisions of this chapter, shall be
required to by the County in the review of site development applications. Site plans
shall be prepared and submitted for development approvals to assure compliance with
the adopted Comprehensive Plan, the Zoning Ordinance, and other related ordinances
and adopted facilities plans including, but not limited to corridors, transportation,
sanitary sewer, storm drainage, stormwater management, water, recreation, pedestrian
movement, signs, outdoor lighting, recreation, and open space.
Nothing herein shall require the approval of any development or land use, or any
feature thereof, that is found by the Planning Commission to constitute a danger to
the public health, safety or general welfare, or which shall be determined by the
Planning Commission to be a departure from, or violation of, sound engineering
design or standards.
No work or site preparation may begin before the applicant for a project has received
an approved site plan, subdivision plat and any other permitting requirement of the
County of Nelson and the State of Virginia.
4. Non-Conforming Uses, Structures and Sites (General):
A change or addition to any non-conforming use, structure, or site subject to a major
site plan shall require that the entire use, structure, or site (including both the nonconforming and conforming improvements) be brought into full conformance with all
of the requirements of this ordinance, provided that the Planning Commission may
waive a portion or all of the individual requirements for conformance.
5. Costs of Development:
The developer shall be responsible for all costs incurred in planning, engineering,
bonding, constructing, installing and testing of all public facilities and infrastructure
as well as other necessary improvements required to complete the proposed project.
6. Fees
The developer shall pay all applicable plan review fees at the time of submission of a
site plan or plat, including pro-rata share fees for off-site improvements and cash
proffers. Fees for site inspections and other aspects of the development process shall
be due and payable in accord with the site development fee schedule. The site
development fee schedule is available from the office of the Planning Director.
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B. Administration of this Chapter
1. Administrative Authority:
The Board of Supervisors designates the Planning Commission to review and act to
approve or disapprove major site plans within its jurisdiction. The Planning Director
is designated to review and act to approve or disapprove minor site plans. In the
performance of its duties in the review of major site plans, the Planning Commission
shall request and consider the review and comments of the Planning Director, the
Plan Review Committee, selected County staff and other public agencies.
2. Authority to Review and Approve Site Plans:
The Planning Director, as an agent of the Planning Commission, shall administer,
review and provide a recommendation concerning any site plan submission. Final
approval of any Major Site Plan must come directly from the Planning Commission.
Final approval of any Minor Site Plan may come directly from the Planning Director.
The County has two (2) site plan submission and review processes: the Minor Site
Plan and the Major Site Plan. The scope and nature of the planned project, as
hereinafter defined, determines which site plan of the two review processes will be
required of the applicant. Unlike the major site plan, the minor site plan incorporates
abbreviated submission requirements. In addition, there is a requirement for the
submission of a separate lot development plan for subdivided lots in residential
subdivisions where public water or sewer is to be provided.
3. Other Administrative Considerations:
A. The Planning Director, as the designated agent of the Planning Commission, shall
be responsible for the receipt and processing of all site plan applications subject to the
procedures as hereinafter provided.
B. The Planning Director may establish, from time to time, such proper and
reasonable administrative procedures, in addition to those provided herein, as shall be
necessary for the proper administration of this chapter.
C. County Staff and other designated public officials responsible for the supervision,
inspection, testing and enforcement of this chapter shall have the right to enter upon
any property subject to the provisions of this chapter and the Zoning Ordinance at all
reasonable times during the periods of plan review and construction for the purpose
of ensuring compliance with this chapter.
D. It shall be the responsibility of the applicant, owner or developer to notify the
Planning Director when each stage of the development shall be ready for field
inspection for compliance with the approved site plan in accordance with testing and
inspection schedules and regulations promulgated by this chapter.
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C. Uses Requiring a Minor Site Plan:
Minor Site Plan approval is required for the construction or expansion of all the
following, provided that, if the development involves any of the elements which require
the need for a major site plan, a major site plan must be submitted.
1. Duplex and two-family residential dwellings in a residential, commercial or
industrial zoning district or in a location where public water or sewer service is to be
provided.
2. All residential accessory uses in a residential, commercial or industrial zoning
district requiring a special permit.
3. Temporary structures and facilities which are employed for public use.
4. Enlargement of a building in a residential, commercial or industrial zoning district
which does not otherwise require a major site plan and which does not result in
changes in on-site parking, provided that the enlargement does not exceed twenty-five
percent (25%) of the gross floor area of the original building or 2000 square feet,
whichever is less.
5. Parking areas in conjunction with renting a bedroom(s) in a single family
residential dwelling in a residential, commercial or industrial zoning district.
6. Any special permit use which does not otherwise require a major site plan.
7. Any commercial agricultural activity, event or building which require permanent
on-site parking or permanent restroom or toilet facilities for the general public.
8. All permitted uses and special permit uses in the office, commercial, and industrial
districts which do not otherwise require a major site plan or as otherwise determined
by the Planning Director.
9. Enlargement of a parking lot in a residential, commercial or industrial zoning
district that does not increase the number of parking spaces by more than ten (10)
spaces.
10. Any development in a residential, commercial or industrial zoning district in
which off-street parking with ten (10) or less spaces which is to be used by more than
one establishment.
D. Uses Requiring a Major Site Plan:
Due to the scope and nature of the uses, the Major Site Plan requires a more extensive
submission process than the minor site plan. A major site plan for land development
activities is required for projects involving the following:
1. Uses in any of the commercial zoning districts.
2. Uses in any of the industrial zoning districts.
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3. Uses in the attached and multi-family zoning districts.
4. Uses in a mobile home park
5. Uses requiring a special permit in a residential, agricultural, farming, or R-R
zoning district, including cluster residential developments.
6. Enlargement of a building which results in changes in on-site parking, provided
that such enlargement exceeds twenty-five percent (25%) of the gross floor area of
the original building or 2000 square feet, whichever is less.
7. Uses and facilities related to James River access, including boat landings for: (a)
public use; (b) which enable public access; or (c) related to uses other than private
residential.
8. Installation, extension or change of a public water or sewer main.
9. Parking lots intended for public use in a residential, commercial or industrial
zoning district.
10. Installation or change of a public water or sewer pump facility.
11. Installation or change of a public water storage facility.
12. Installation or change of a public water or sewer treatment facility or installation
or change of a private sewer treatment or pretreatment facility.
13. Construction of a new street or extension of an existing street and related
infrastructure.
14. Development of a road or street lying within a previously platted public right of
way.
15. Enlargement of a parking lot in a residential, commercial or industrial zoning
district, increasing parking spaces by more than ten (10) spaces.
16. Any development in a residential, commercial or industrial zoning district in
which any required off-street parking space requiring more than ten (10) parking
spaces which is to be used by more than one establishment.
E. Waiver of Requirements for a Site Plan:
The Planning Director, at his/her sole discretion, may waive the requirements for a Minor
Site Plan or any required element specified therein upon consideration of the following
uses, conditions, and circumstances as outlined herein below.
The Planning Commission, at its sole discretion, may waive the requirements for the
Major Site Plan or any required element specified therein upon consideration of the
following uses, conditions, and circumstances as outlined herein below:
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1. Where it can be clearly established by the applicant that the use will not require the
improvements subject to review in this chapter.
2. Where is can be clearly demonstrated by the applicant that a waiver from the
requirement to submit a site plan (or a portion thereof) will be in keeping with the
intent of this chapter.
3. Where it can be clearly shown that the application for a site plan and building
permit involves building and safety regulations which are not critical to the purpose
and intent of the Zoning Ordinance.
4. Where it can be clearly established by the applicant that such waiver will not have
an adverse effect on: (a) the public health, safety, welfare, and convenience; (b) the
planning for and provision of adequate public facilities;utilities, drainage,
environmental controls, and transportation facilities; (c) preservation of agricultural,
forestry and conservation lands; and (d) other relevant considerations related to the
Comprehensive Plan.
5. Where it can be demonstrated that any change in, or expansion of, a use meets the
following criteria:
A. Such change or expansion does not occasion additional parking as required by
this ordinance, and
B. No additional ingress/egress to a public road or change in ingress/egress is
recommended by the Planning Director based on intensification or use, and
C. No additional ingress/egress or alteration of existing ingress/ egress is
proposed, and
D. Disturbed area is less than 5000 square feet in area, and
E. It has been verified in writing by the Planning Director that: (a) availability and
connection to water and sewer are attainable; or (b) adequate private well and
septic facilities can be provided where public water and sewer is not available.
6. An applicant seeking a waiver from a requirement to submit a major or minor site
plan (or any portion thereof) shall provide written documentation to the Planning
Director addressing all of the applicable above conditions for waiver.
For major site plan waivers, he Planning Director shall refer the wavier request and
applicant’s supporting documentation to the Planning Commission for action at its
next regularly scheduled meeting. The applicant shall be notified in writing of the
outcome of such action by the Planning Director within ten (10) days upon action by
the Planning Commission.
7. Notwithstanding any grant of waiver, the applicant is not relieved by such grant of
having to obtain a all necessary permits and approved, including but not limited to a
building permit, erosion and sediment control permit, and, upon completion of
improvements, a certificate of occupancy.
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F. Conferences for Preliminary and Minor Site Plans
1. Major Site Plans: Requirement for Preliminary Site Plan Conference.
A. A Preliminary Site Plan Conference is required for a developer or owner prior to
submission of a Final Site Plan for a project that meets the requirements of a Major
Site Plan.
B. The Preliminary Site Plan Conference allows the applicant to better understand
and anticipate key planning issues, land development requirements, and site-related
design issues which may be deemed essential by the County during the subsequent
Final Site Plan review process.
C. The Preliminary Site Plan Conference shall be conducted for the purpose of
reviewing and gaining Plan Review Committee input and Planning Director action on
the Preliminary Site Plan prior to the preparation and submission of the Final Site
Plan.
D. A Preliminary Site Plan Conference and Preliminary Site Plan does not negate the
requirement for the submission of: (1) a Final Site Plan; (2) a final plat (as may be
required by the Subdivision Ordinance); (3) erosion and sediment control plans;
and/or (4) any other applicable provisions of this chapter.
E. A Preliminary Site Plan is not required when the applicant qualifies for a minor
site plan.
F. Ten (10) copies of the Preliminary Site Plan shall be submitted to the Planning
Director not less than ten (10) calendar days prior to the scheduled date of the minor
site plan conference.
G. In conjunction with the Preliminary Site Plan Conference, the Planning Director
shall have authority to review and act upon the Preliminary Site Plan as well as to
review and act upon requests for waivers and modifications related thereto.
H. If an applicant elects to appeal any decision of the Planning Director related to an
action on the preliminary site plan, such appeal shall be submitted in writing within
10 days of such action, and the Planning Director shall schedule a the matter to be
heard by the Planning Commission at its next regularly scheduled meeting. The
Planning Commission shall review and act upon all appeals at a public meeting.
I. Upon approval of the Preliminary Site Plan by the Planning Director, the applicant
may proceed with the preparation and submission of the Final Site Plan.
2. Minor Site Plans: Requirement for Minor Site Plan Conference
A. A Minor Site Plan Conference is required for a developer or owner for a project
that meets the requirements of a minor site plan.
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B. The Minor Site Plan Conference allows the applicant to better understand and
anticipate key planning issues, site plan requirements, opportunities for minor site
plan waivers and modifications, and site-related design issues which may be deemed
essential by the County during the subsequent final site plan review process.
C. The Minor Site Plan Conference shall be conducted for the purpose of reviewing
and gaining Plan Review Committee input and Planning Director action on the Minor
Site Plan.
D. A Minor Site Plan Conference does not negate the requirement for the submission
of a required: (1) final plat (as may be required by the Subdivision Ordinance); (2)
erosion and sediment control plans; and/or (3) any other applicable provisions of this
chapter.
E. A Preliminary Site Plan is not required when the applicant qualifies for a Minor
Site Plan.
F. Ten (10) copies of the Minor Site Plan shall be submitted to the Planning Director
not less than ten (10) calendar days prior to the scheduled date of the minor site plan
conference.
G. In conjunction with the Minor Site Plan Conference, the Planning Director shall
have authority to review and act upon the Minor Site Plan as well as to review and act
upon requests for waivers and modifications related thereto.
H. If an applicant elects to appeal any decision of the Planning Director related to an
action on the Minor Site Plan, such appeal shall be submitted in writing within 10
days of such action, and the Planning Director shall schedule a the matter to be heard
by the Planning Commission at its next regularly scheduled meeting. The Planning
Commission shall review and act upon all appeals at a public meeting.
3. Site Plan Conference Objectives:
The applicant shall contact the Planning Director to schedule either a Preliminary Site
Plan Conference or a Minor Site Plan Conference. The purpose of this conference is
to review the County’s evaluation of the applicant’s preliminary site plan or minor
site plan with respect to the following considerations:
A. Location, use, design, scope, type, density, physical characteristics and phasing of
proposed development.
B. Coordination of the proposed development with the Comprehensive Plan, all
adopted master facilities plans, the capital improvements program, and plans for
development of neighboring properties.
C. Coordination of transportation improvements with other existing and planned
streets within the general area of the proposed development and otherwise in keeping
with the provisions of the transportation element of the adopted Comprehensive Plan
and other adopted transportation plans.
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D. Reasonable regulations and provisions uniquely applicable to the proposed
development as related to topography, soils, geology, public utility and facilities
service, drainage and flood control, transportation, environmental and historic impact,
economic development, and facilitation of the creation of a convenient, attractive
and harmonious development.
E. Coordination of proposed development with applicable ordinances, design
guidelines and development criteria.
F. Other matters related to review of preliminary site plan.
4. Information Required on a Preliminary Site Plan for Major Site Plans:
Twelve (12) copies of the preliminary site plan shall be submitted fifteen (15)
calendar days prior to the scheduled date of the Preliminary Site Plan Conference.
The preliminary site plan shall show the following:
A. Name, address and telephone number of owners or developers.
B. Indicate scale (to be one inch equal not more than forty feet, with preferred sheets
sized 24” x 36”, with a maximum sheet size of 30” x 42”, and date of plan
preparation.
C. Name, address and telephone number of preparer of plan.
D. Vicinity map.
E. Current boundary survey of the lot by bearings and distances, and a north arrow.
F. The area of the lot and gross acreage or square footage of area to be developed.
G. The location of the proposed and existing edge of pavement or curb line and other
public improvements along the frontage of the property.
H. Size, location and use of existing and proposed buildings.
I. Location of the proposed site improvements (including utilities, drainage
conveyance, building and site signage, buildings, streets, site lighting, driveways and
parking areas) and distances from all property lines.
J. The dimension, height and use of the proposed building improvements.
K. Limits of clearing and grading.
L. Existing zoning (including conditional zoning and proffer agreements), zoning
district boundaries and proposed changes in zoning, if any.
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M. Existing topography and a preliminary grading plan depicting finished contours,
with contour intervals of two feet or less.
N. Proposed location, alignment, easements, and sizing of proposed utility service for
potable water, fire protection and sanitary sewer.
O. Certification in writing from the Nelson County Service Authority that availability
and connection to water and sewer are attainable, as applicable.
P. Location of wetlands and impacts of the proposed development thereon, with
copies of state and federal permit applications and permit approvals related to any
proposed disturbance to the wetlands.
Q. Location of 100-year floodplain boundaries and impacts of the proposed
development thereon, employing FEMA mapping (where available) and for areas
where development may encroach upon areas which may be subject to periodic
flooding, engineering calculations and mapping for 100-year floodplains which have
not been mapped by FEMA.
R. Location of stormwater management facilities and BMP measures in accordance
with the “Design Guidelines Standards for Stormwater Management in Nelson
County”.
S. Location and boundaries of sinkholes and significant rock outcrops, based on the
County’s definition of sinkholes.
T. Phasing plan for the proposed development, if the project is to be developed in
more than one phase, with a narrative explanation of how phasing and completion of
project is to be accomplished.
U. References to and location of survey datum, employing
the
State
Plane
Coordinate System (specifically indicate State Plane Zone and a NAD coordinate
system) and National Mapping Standards accuracy for urban surveys.
G. Information Required on a Minor Site Plan
Minor site plans shall be drawn to scale, prepared and certified by a licensed engineer,
architect, landscape architect or land surveyor, or other qualified individual experienced
in site plan preparation, and shall include, as a minimum, the following information:
1. Name, address and phone number of owners or developes; name, address and
phone number of preparer of plan.
2. Indicate scale (to be one inch equal to not more than forty feet), with preferred
sheets sized 24” x 36”, with a maximum sheet size of 30” x 42”, and date of plan
preparation.
3. Existing zoning of property (including conditional zoning and proffer agreements),
zoning district boundaries, and proposed changes in zoning, if any.
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4. Vicinity map.
5. Certified boundary survey of the lot, depicting bearings and distances, and a north
arrow, including references to and location of survey datum, employing the State
Plane Coordinate System and National Mapping Standards accuracy for urban
surveys. All coordinates and measurements need to be derived using the State Plane
Zones in a NAD coordinate system.
6. The area of the lot and gross acreage or square footage of area to be developed.
Location, size, and characteristics of geophysical and environmental features (such as
wetlands, ponds, springs, streams, watercourses, shrink/swell soils, adverse soils
conditions, etc.) and other conditions which impact the area.
The site plan for a project shall graphically depict the site’s physical land units (to the
nearest 0.1 acre) as outlined below.
a. Slopes 35% or greater
b. Soils with high shrink/swell characteristics, as defined.
c. Sinkholes and significant rock outcrops:
d. Floodplains:
e. Wetlands, existing water features and streams:
f. Existing stormwater management basins and structures:
g. Above-ground 46 KV or greater transmission lines:
7. The location of the proposed and existing edge of pavement or curb line and other
public improvements along the frontage of the property.
8. Size, location and use of existing buildings.
9. Location and design of proposed site improvements (including utilities, storm
drainage conveyance, buildings, streets, driveways, parking areas, site lighting
fixtures and site signage.)
10. The dimension, height and use of the proposed building improvements, including
building signage.
11. Limits of clearing and grading.
12. Landscape plan.
13. Existing topography, spot elevations of key features, and proposed finished
contours, with contour intervals detailed at two feet or less.
14. Proposed service utility lines for potable water, fire protection and sanitary sewer.
Sufficient information for sizing and constructing the service shall be provided
pursuant to the County’s design and construction standards.
15. Certification in writing from the County that availability and connection to water
and sewer are attainable.
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16. Erosion and sediment control plan and narrative statement.
17. Location of wetlands and impacts of the proposed development thereon.
18. Location of 100-year floodplain boundaries and impacts of the proposed
development thereon, employing FEMA mapping where available and for areas
where development may encroach upon areas which may be subject to periodic
flooding, engineering calculations, and mapping for 100-year floodplains which have
not been mapped by FEMA.
19. Location of stormwater management facilities and BMP measures in accord with
the “Design Guidelines and Development Standards for Stormwater Management in
Nelson County”.
20. Location of sinkholes and significant rock outcrops, based on County definition of
sinkholes.
21. Phasing plan for the proposed development, if the project is to be developed in
more than one phase, with a narrative explanation of how phasing and completion of
project is to be accomplished.
22. Minor site plan check list, certified by preparer of plan.
H. Major Site Plan Requirements:
1. Copies Required
Twenty (20) sets of all major site plans shall be submitted in clearly legible blue or
black line copies and shall contain the information outlined in this section. Site plans
which lack information required by this section, the Major Site Plan Checklist, and/or
the County’s design and construction standards shall be deemed to be incomplete and
shall be rejected.
2. Fee Required:
Payment of the site plan review fees per the fee schedule as adopted and amended
from time to time by the Board of Supervisors. Site plan review fees shall cover all
costs associated with the review of any site plan and payment shall be required at the
time of submission of the site plan.
3. Site Plan Certification:
Site plans or any portion thereof involving engineering, architecture, geology,
environmental science, or land surveying shall be certified by an engineer, architect,
land surveyor, or landscape architect who is duly qualified to practice and whose
professional practice is duly registered by the State of Virginia.
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No person shall prepare or certify design elements of site plans which are outside the
limits of their professional expertise and license. All sheets and calculations
submitted with any site plan shall bear the seal and signature of the respective design
professional(s).
I. Information Required on Major Site Plan:
This section outlines the required information on a major site plan (hereinafter “site
plan.”) The applicant shall employ as many sheets as necessary to incorporate the
following minimum requirements.
The sheet size shall be a preferred minimum size of 24” x 36”; with a maximum size 30”
x 42”, pursuant to the approval for change in sheet size by the Planning Director. The
minimum scale of any site plan shall be 1” = 30’.
All site plans shall be prepared on a current base map which shows existing topography
with contour intervals of two feet (2’) or less, extending a minimum of twenty-five (25)
feet minimum beyond property lines and public road rights of way. Topographic mapping
shall depict all natural and cultural features for the property, as well as supplemental
existing spot elevations. A north arrow shall be included on all plan sheets. The Planning
Director, at his/here sole discretion, may modify the required scale and contour interval
of any site plan upon specific request by the applicant.
All sheets shall be bound into a single document and each sheet shall bear the seal and
signature of the design professional.
1. Cover Sheet: The application shall prepare a cover sheet which clearly depicts the
following:
A. Title of project.
B. Name, address, phone number and seal of preparer of plan, boundary survey,
and topographic mapping.
C. Name, address and phone number of owners of property.
D. Tax map number, parcel number, and deed book reference for parcel or parcels
subject to development.
E. Existing zoning classification and proposed zoning classification.
F. Description of planned land use, along with projected number of employees
(for non-residential land uses) and other information related to the activities to be
conducted on the property.
G. Date of plan and mapping preparation.
H. Vicinity map and location of zoning district boundaries.
I. Gross acreage (or square footage) of property.
J. Copy of rezoning proffers, special use permit conditions, and waivers or
variances granted.
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K. A blank space, sized 4” x 4”, for County review and approval notations.
L. Sheet key.
2. Boundary Survey Information: A current certified boundary survey of the property
prepared to National Mapping Standards accuracy shall be submitted with the site
plan and shall include the following:
A. Title, title source, and name of owners of lot and subdivision names and/or lot
owners for surrounding lots.
B. Metes and bounds of property.
C. Location and metes and bounds of all existing property lines, rights of way and
easements.
D. Names of existing streets in and adjoining the development.
E. Setback and yard lines in accord with zoning requirements.
F. Location of 100-year floodplain boundaries, employing FIRM mapping
boundaries or engineered boundaries in absence of FIRM information.
G. Tax map number, parcel number, deed book reference and zoning designation
for parcel or parcels subject to development.
H. Tax map number, parcel number, deed book reference and zoning designation
for adjacent parcels.
I. Reference to survey data. Horizontal control shall be based on Virginia State
Plane Coordinate System, Zone 5576 in a North American Datum 1983
coordinate system.
J. A digital copy of the survey shall be included. All digital survey data must be
contained in a .dxf file or other format as specified by the Planning Director on a
compact disk or 100 mb zip disk, and the submission file must contain a list
providing the name and a brief description of each layer in the file.
K. Statement of boundary survey closure accuracy and compliance with National
Mapping Standards including a certification that the digital data is a true
representation of the paper copy.
L. Seal of certifying surveyor.
3. Minimum Information on Site Plans
A. Location, dimensions, design sections and construction specifications of all
site improvements, including, but not limited to, existing and proposed streets,
travelways, alleys, curb and gutter, sidewalk and driveways, including proposed
street names and locations for street lights, street signs, and traffic signals.
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B. Location of existing and proposed buildings and accessory structures,
including land area coverage and floor elevations of proposed use.
C. Location of existing utilities within and adjacent to the development including
size and elevation. Provide elevation profile where grading is proposed above
utility or within easement limits.
D. Site plan and design profiles of proposed streets and travelways (public or
private) depicting:
1. street stations at appropriate station intervals,
2. percent of longitudinal grades,
3. elevations at 50-foot stations in vertical tangent sections and on 25-foot
stations in vertical curves,
4. finished grades (on site plans),
5. spot elevations for all non-typical sections,
6. locations of entrances, turn and taper design and any necessary
transportation structures and roadway appurtenances.
7. horizontal and vertical curve data, including definition of curve control
points.
8. sight distances for all crest and sag vertical curves.
9. sight distances (horizontal and vertical) at all street intersections and
road entrances other than single family driveways.
10. street intersections showing spot elevations along curb radius and in
pavement area as necessary to define surface drainage patterns.
11. super-elevation tables shall be provided where roads and streets
require super-elevation.
E. Site plan location and design specifications for off-street parking, travelways,
parking lots, sidewalks, and loading areas, including:
1. building square footage/use class unit.
2. site access plan for internal traffic and pedestrian circulation, including
handicap access.
3. size of parking spaces, angle of stalls, width of aisles.
4. travelway and parking lot pavement sections.
5. pavement design calculations.
6. parking calculations, including ADA requirements.
7. provisions for emergency access / fire protection.
8. location and marking of permanent fire lanes, if required.
9. pavement striping and marking.
10. finished grades and spot elevations at critical design points.
F. Location, size, and characteristics of geophysical and environmental features
(such as wetlands, ponds, springs, streams, watercourses, adverse soils
conditions, etc.) and other conditions which impact the area, as defined. The site
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plan for a project shall graphically depict the site’s physical land units (to the
nearest 0.1 acre) as outlined below.
1. Slopes by gradients specified
2. Soils with high shrink/swell characteristics.
3. Rock outcrops.
4. Floodplains.
5. Wetlands, existing water features and streams.
6. Existing stormwater management basins and structures.
7. Above-ground 46 KV or greater transmission lines.
G. Location, size, design profiles and design calculations for proposed domestic
water service and sanitary sewer mains and laterals. Water meter placements and
design criteria shall be indicated. Invert elevations for all utilities shall be shown
to the nearest 0.01’ accuracy. Location of gas, telephone, electric and other utility
lines and other underground or overhead structures in or affecting the project.
Plans shall include detail of utility appurtenances and construction procedures. If
irrigation wells are proposed, well locations are to be designated.
H. Site plans for projects incorporating utilities that require pump facilities,
storage, or treatment facilities shall be supported by appropriate structural,
hydraulic, electrical and mechanical plans and construction specifications.
I. Detailed site grading plan depicting finished contours, to be prepared at a
minimum two (2) foot contour interval, with spot elevations, as required, at key
locations of paving, sidewalks, curb and gutter, and other proposed surface
improvements.
J. Site plan and design profiles for storm water drainage improvements, including
locations of existing and proposed stormwater drainage conveyance pipes,
culverts, channels and drop inlets, indicating size, type and grade of all proposed
improvements.
Typical sections and linings for all channels shall be included. Invert elevations
and other design details for all drainage improvements shall be shown to the
nearest 0.01’ accuracy. Energy and hydraulic grade lines shall be shown on
profiles. A drainage delineation map, prepared at the same scale as the site plan,
shall include drainage divides and areas of contributing runoff to proposed
improvements.
K. Site plan and design profiles for stormwater management (SWM) and Best
Management Practices (BMP) structures, including detailed plan and section
views of retention/detention ponds, underground storage structures, and other
SWM/BMP facilities. Elevations for the calculated 2-(1-year event, if applicable),
10-, and 100- year post-development water surface elevations shall be shown.
Overland relief shall be shown to preclude structural flooding in case of drainage
system failure.
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L. Location, width and purpose of all existing and proposed utility right-of-ways
and easements.
M. Location and boundaries of existing water courses, the existing 100-year flood
plain and floodways employing either FIRM mapping or engineering floodplain
studies and mapping procedures where FIRM information does not exist. In areas
where development may encroach upon floodplains or floodways, the Planning
Director may require both a pre-development and post-development floodplain
study. Where specific 100-year flood elevations can not be determined from
previous studies, the applicant for the proposed use, development and/or activity s
shall determine this elevation in accordance with accepted hydrologic and
hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers, licensed in the state of Virginia, who
shall certify that the technical methods used correctly currently accepted technical
concepts. Studies, analyses, computations, etc. shall be submitted in sufficient
detail to allow a thorough review by Nelson County. In cases where
encroachment into the floodplain is necessary, the applicant may be required to
obtain a letter of map change from FEMA.
N. Location of rock outcrops and significant geologic features.
O. Erosion and sediment control plan, specifications, design standards, and
narrative report.
P. Site plan location and design criteria for the following:
1. recreation areas (including playgrounds, courts, fields, pedestrian
walkways, bike paths, etc.)
2. open space, including required land area calculations.
3. site amenities.
4. retaining walls (include calculations).
5. site and building signage, including street and advertising signs
6. site lighting (exterior and building mounted), including height,
illumination intensity, foot-candle distributions, and fixture type and
shielding, as required). A lumen plan for site lighting addressing the
requirements of the outdoor lighting standards shall be included.
7. provisions and location for public trash pick-up.
8. refuse collection and dumpster locations, including access and
screening.
9. locations and design for traffic control devices and signalization.
10. building and structural footings.
11. all other items required by the applicable zoning district regulations.
Q. Landscape plan.
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R. Water quality impact assessment for development of properties with river
frontage.
4. Additional Required Supporting Information:
The Planning Director shall require the following supplementary information for
review of the final site plan:
A. Storm drainage and stormwater management engineering report, to include:
1. hydrologic calculations and hydraulic modeling of the contributing
drainage basin.
2. hydraulic and energy grade line calculations for all enclosed pipe
systems.
3. storm runoff for pre-development and post-development characteristics,
based on TR-55 method, the Modified Rational Formula or other
appropriate modeling techniques as approved by the Planning Director.
4. analysis and verification of receiving channel capacity.
5. stormwater management structure routing and performance analysis,
and professional engineer’s certification for all permanent stormwater
management facilities.
6. storm culvert, pipe, and inlet (street and yard) design loading and sizing
calculations.
7. a report describing the relationship and compatibility with any regional
stormwater management or Best Management Practices facility that
impacts the subject project and property.
8. other requirements of the County’s stormwater management regulations
and design manual.
B. Geotechnical report for proposed buildings, structures, streets, pavements,
foundations, and other infrastructure, as required.
C. Foundation design calculations and construction criteria, where required.
D. Pavement design calculations for all streets and travelways.
E. A phasing plan, if the development is to be constructed in more than one phase.
The phasing plan shall clearly indicate by phase lines, notes or other methods
which facilities are to be constructed under each phase. Plans shall indicate
locations of contour tie-ins for each phase and specific measures for phased
termination of all water, sewer, storm drainage, streets and other public
improvements. Plans for erosion control and drainage facilities shall be designed
and displayed independently for each phase.
F. Articles of incorporation, covenants and property maintenance condominium
development or other property wherein common ownership agreements exist or as
otherwise required by this ordinance.
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G. Statement of facility and land use operations and activities, including hours of
operation, number of employees and number of work shifts.
H. Site plan check list, certified by preparer of plan.
5. Provisional Information on Major Site Plans:
The Planning Director may require any or all of the following information and any
other materials as may be deemed necessary for its review:
A. Statement of estimated construction time.
B. Photographs and maps relating proposed use to surrounding properties.
C. Site design drawings, showing building configuration, topography and
relationship to site improvements, color and building materials.
D. Architectural drawings showing plan and elevations of new planned
construction or renovations, including drawings of the original building.
E. Traffic impact assessment in accordance with criteria provided by the Planning
Director.
F. Geologic studies to identify the location and extent of major geologic features
as well as the engineering and environmental measures which the developer will
take in protecting the proposed land uses from any potential adverse impacts of
such features.
J. Minimum Design and Construction Standards
In furtherance of the purposes of this chapter and to assure the public safety and general
welfare, no site plan shall be approved unless and until the County is assured that the
following improvements and minimum design criteria will be implemented as required.
In addition to requirements outlined herein, all site improvements are to be provided in
accord with the County’s Design and Construction Standards Manual (upon adoption),
applicable corridor overlay design standards, and the Erosion and Sediment Control
Ordinance.
1. Street Construction and Design Standards:
All street and highway construction and geometric design standards shall be in accord
with the County’s Design and Construction Standards Manual and all applicable
VDOT design and construction standards.
A. All property subject to development in any zoning districts must have direct
access to public dedicated and State maintained roads. Such developments are
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to be designed so that interior parcels or lots will not have direct access to any
existing arterial highway unless the physiography, shape or size of the tract
would preclude other methods of providing access. Frontage properties
shall have qualifying access locations and design per VDOT requirements.
B. Where traffic generated from any development exceeds 1500 vehicle trips per
day, or when a residential subdivision contains 150 or more dwelling units
(whichever is less), such development or subdivision shall provide connectors to
any existing public road at two locations. Where only one connection is
physically achievable, the connecting portion of the entrance roadway must be of
a four-lane divided standard extending into the development for a length of not
less than 250 feet or as otherwise determined by the Planning Commission. No
internal vehicular connections shall be permitted to this entrance section.
C. Streets and rights-of-way shall be provided and designed to permit access to
adjoining properties in conformance with the Comprehensive Plan and other
transportation plans as well as to the satisfaction of the Planning Commission.
D. Curb and gutter or header curbs shall be required on all new public and private
streets in all commercial and industrial developments and in residential
subdivisions where the median lot size is 15,000 square feet or less. The Planning
Director may waive this requirement with it is determined that stormwater
management benefits of eliminating curb and gutter outweigh the benefits of
providing curb and gutter.
E. Where public or private streets are to be constructed in phases, such streets
shall be terminated with a temporary cul-de-sac or other temporary turn-around
acceptable to the Planning Commission. Where temporary turn-arounds are
provided, adequate rights of way and/or temporary access and construction
easements shall be designated on site plans and subdivision plats.
2. Parking, Loading and Site Access:
A. For all residential, institutional and commercial uses, other than single family
homes, all required off-street parking spaces, parking lots, loading spaces, and onsite vehicular access shall be constructed of a permanent all weather, stabilized,
dust free surface (concrete or asphalt) and in accordance with the County’s
Design and Construction Standards Manual.
B. For industrial uses, all employee and customer parking, as well as all entrances
into parking areas, shall be constructed of an all weather, stabilized, dust free
surface which is clearly defined from adjoining on-site improvements and in
accordance with the County Design and Construction Standards Manual.
C. For industrial uses, surfacing may be waived only for areas used for heavy
equipment parking and loading areas.
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D. Surfacing requirements may also be waived or modified for uses in the
County’s historic districts.
E. Curb and gutter or header curb shall be required on all new private travelways,
private streets, and travelways, loading areas and parking lots within a lot which
serves 20 or more vehicles, provided that storm drainage must be adequately
accommodated. The Planning Director may waive this requirement if it is
determined that stormwater management benefits of eliminating curb and gutter
outweigh the benefits of providing curb and gutter.
F. Parking lots shall be adequately illuminated during non-daylight hours.
Lighting shall be designed, shielded, and otherwise arranged to direct light and
glare away from abutting properties and adjacent rights of way. Lighting fixtures
in parking lots should be compatible with the architectural characteristics of the
development and in accord with the outdoor lighting requirements of this
ordinance. Refer to Outdoor Lighting and Illumination Regulations, Chapter 11.
G. Dimensional requirements and design criteria for parking spaces, parking lots
and loading areas shall be in accord with the County Design and Construction
Standards Manual.
H. Refer to Landscaping and Screening Regulations, Chapter 9.
3. Sidewalks and Pedestrian Walkways:
A. Sidewalks within public rights of way shall be required on all new public
streets or other areas of a site where in keeping with the Comprehensive Plan and
other County public improvements plans. Sidewalks shall be constructed of
concrete and otherwise in accord with the County’s design and construction
standards Manual, except in cases where other materials may be approved
by the Planning Commission based on its suitability to its environs and its natural
setting. In such cases, materials to be considered may include asphalt, concrete,
brick, etc.
B. Construction of bicycle facilities on new public streets or other areas of a site
in accordance with the Comprehensive Plan and the County’s bicycle and
pedestrian plans. When an individual lot or property which does not involve a
public street is developed, additional right-of-way to provide for future bicycle
facilities shall be dedicated as recommended by the Planning Director.
4. Lots and Yards:
Lot and yard sizes shall conform to applicable zoning district regulations of this
ordinance.
5. Easement Widths:
Minimum easement width shall be established as required in the County’s design and
construction standards.
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6. Hydrologic and Hydraulic Analysis:
Engineering documentation shall be provided and certified for all storm drainage
improvements, stormwater management facilities, and BMP facilities. Floodplain
studies may be required at the option of the Planning Director. Analysis and design
recommendations shall take into consideration the impact of 2-, 10-, and 100-year
rainfall intensities, both pre- and post-development. Refer to the Design Guidelines
and Development Standard for Stormwater Management in Nelson County.
7. Storm Drainage Systems and Stormwater Management:
The policies for drainage systems and stormwater management are to be in accord
with the County Design and Construction Standards Manual and “ Design Guidelines
and Development Standards for Stormwater Management in Nelson County”. In
general, on-site storm drainage and stormwater management structures shall be
constructed in concert with all site development activities and post-development
runoff volumes and velocities shall not exceed pre-development levels. Analysis and
design recommendations shall take into consideration the impact of 2-( or 1-year
event, where applicable), 10-, and 100-year rainfall intensities, both pre- and postdevelopment. Participation in the funding of regional stormwater management and
drainage systems shall be required in watersheds where regional plans and programs
have been adopted. Refer to the “Design Guidelines and Development Standards for
Stormwater Management in Nelson County.”
8. Water Systems:
Water distribution systems shall be designed and constructed to adequately supply
both peak load demands for domestic and commercial service and fire flow
requirements for the intended development, and meet all requirements of the
County’s Design and Construction Standards Manual and the State Department of
Health.
9. Sewer Systems:
Sewer systems shall be designed and constructed on the basis of average daily per
capita flows of not less than those set forth by sewerage regulations of the State
Department of Health and the County’s Design and Construction Standards Manual.
10. Street Lights, Site Lighting and Electrical Facilities:
Provisions for street lights, parking lot lighting and other site lighting shall be shown
on site plans, as required by the County’s design and construction standards and
Chapter 11 of this ordinance. Locations of street and parking lot light poles, fixtures,
conduits, transformers, wires and easements shall be coordinated with the County and
local electric company and shall be shown on the site plans. Conduits of a size and
location satisfactory to the County and local electric company shall be located under
street pavements at all proposed major intersections for the future installation of
traffic control signals as required by the County.
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11. Best Management Practices and Erosion and Sedimentation Control Measures:
Installation of adequate temporary and permanent erosion and sedimentation control
measures, as required by the County’s Design and Construction Standards Manual
and the Nelson County Erosion and Sediment Control Ordinance and Virginia Law
and Regulations. Installation of Best Management Practices and other measures
related to water quality and runoff protection shall be in accord with applicable State
laws and design guidelines. No site construction may commence until all necessary
erosion and sediment control measures have been approved, bonded and constructed.
12. Other Design Criteria:
All other design criteria and construction standards shall be in accordance with the
County’s Design and Construction Standards Manual and other applicable regional,
state and federal requirements, including those of the Virginia Department of
Transportation. Where standards and criteria are not provided therein for a particular
site development component, the Planning Director shall provide the governing
standards or may approve a proposed standard as prepared by the applicant’s
engineer.
13. Construction Standards, Inspection, and Supervision:
A. Unless otherwise specifically provided in this ordinance, the
construction
standards for all required on-site and off-site improvements shall conform to the
provisions of this chapter and the County’s Design and Construction Standards
Manual and all applicable VDOT design manuals. The Planning Commission
shall provide written approval of the plans, details, and specifications for all
required improvements prior to commencement of construction.
B. Inspections during the installation of the required on-site improvements shall
be made by the Planning Director or other County personnel, as applicable, as
required to monitor compliance with the approved site plan and applicable
County design and construction standards.
C. The owners or developers shall notify the Planning Director in writing fortyeight (48) hours prior to the beginning of any work shown to be constructed on an
approved major or minor site plan.
D. The owners or developers shall provide adequate supervision on the site during
the installation of all required improvements and have a responsible
superintendent or foreman together with one set of approved plans, profiles and
specifications available at the site at all times when work is being performed.
E. The installation of improvements shall in no case serve to bind the County to
accept such improvements for the maintenance, repair or operation thereof, but
such acceptance shall be subject to the existing regulations concerning the
acceptance of each type of improvement.
F. The applicant’s contractor shall be responsible for the location of all utilities
and underground infrastructure in accord with MISS UTILITY practices prior to
land disturbance.
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G. Prior to issuance of an occupancy permit, a certified as-built survey shall be
provided the County upon completion of site improvements. Variations in the asbuilt conditions shall be noted. The as-built survey shall be provided in digital and
standard paper formats.
K. Final Site Plan Review and Approval Procedures:
1. Site Plan Submittal and Compliance Procedures:
A. Final site plan submission requirements: Fifteen (15) copies of the final site
plan for a major site plan shall be submitted to the Planning Director. One 11” x
17” reduced copy of the major site plan shall be provided.
B. The site plan shall be accompanied by payment of fees for review and
processing. The fee shall be based on a fee schedule as may be adopted and
modified periodically by the Board of Supervisors.
2. Initial Site Plan Compliance Requirements for Final Site Plan:
A. An initial review of the applicant’s Final Site Plan and Final Site Plan check
list will be made by the Planning Director to determine the completeness and
general compliance with the information requirements of this ordinance.
B. Site plans shall contain all information required by this chapter and be
accompanied by a complete site plan check list. Site plans meeting the above
requirements and which are consistent with the proceedings of the Preliminary
Site Plan Conference and the Planning Director’s conditions attached to the
approval of the Preliminary Site Plan shall be deemed to be “accepted for review”
and shall be forwarded to all necessary reviewing agencies and staff within five
(5) working days of submittal.
C. Site plans which lack information required by this chapter and which are
consistent with the proceedings of the Preliminary Site Plan Conference and
action on the Preliminary Site Plan shall be deemed to be incomplete. Upon such
determination, the plan shall be rejected by the Planning Director within five (5)
working days of submittal, at which time the applicant’s submittal shall be
deemed “incomplete and rejected.” The applicant shall be notified of this finding
in writing. Further review of the plan shall be suspended.
3. Review Procedures for Final Site Plans:
A. Review process, general:
The Final Site Plan review process shall include participation by the County’s
Plan Review Committee, County Staff and other reviewing agencies as
determined by the Planning Director. Approval of any Final Site Plan shall be
granted by majority vote of the Planning Commission at a regularly scheduled
Public Hearing.
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B. The Plan Review Committee, County staff and other reviewing agencies:
All Final Site Plans shall be reviewed by certain County, State or local agencies
or their delegated agents who are qualified to determine compliance with
applicable laws and regulations in relation to proposed development. As deemed
appropriate by the Planning Director for the review of any given site plan, the
Plan Review Committee may include any of the following agency personnel or
officials:
1. Planning Commission
2. Soil and Water Conservation District
3. Planning Director
4. Virginia Department of Health
5. Virginia Department of Transportation
6. County Administrator
7. Virginia Department of Environmental Quality
8. County Building Official
9. Nelson County Service Authority
10. Power company representative
11. Other participants as determined by the Planning Director.
C. Final Site Plan review and notification process for Final Site Plan:
1. Distribution of the Final Site Plan to the Plan Review Committee,
staff and agency review: Within ten (10) calendar days after acceptance of
a site plan which has been determined to be “accepted for review”, the
reviewing staff and agencies will be issued a copy of the site plan for
review and comment on the technical compliance with this ordinance and
all applicable standards, provided that the site plan has been found to be in
initial compliance as herein above stated.
2. Administrative site plan review: All Plan Review Committee, staff and
agency reviews and comments shall be completed within thirty (30)
calendar days from the date of issuance of the site plan for review. Plan
Review Committee, staff and agency comments shall be provided in
writing to the Planning Director, (who shall be responsible for preparing a
final site plan review report) with recommendations of the Plan Review
Committee for: (a) approval; (b) approval with conditions; or (c)
disapproval. Such report shall be prepared within ten (10) calendar days
after receipt of all staff and agency comments.
3. Notice of Plan Review Committee comments to applicant:
Upon receipt by the Planning Director, the applicant shall be provided
with all Plan Review Committee, staff and agency review comments and
recommendations.
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In cases where site plan revisions, deletions, or additions are necessary,
the applicant shall be so notified, in writing, within ten (10) calendar days
after receipt of all staff and agency comments by the Planning Director.
4. Revisions by applicant per Plan Review Committee comments:
Upon receipt of staff and agency comments, the site plan shall be revised
by the applicant to comply with all requirements of the Plan Review
Committee and other staff and reviewing agencies and shall submit such
revisions together with any required re-submittal fee. Where the revised
site plan does not include all requested or required revisions, the applicant
will be notified in writing that the site plan review process shall not
proceed until the requested or required revisions are complete. Site plans
requiring only minor revisions will be reviewed within ten (10) calendar
days upon resubmission. Plans requiring substantial revisions will be
reviewed on the same time frame of a new submission.
5. Scheduling for Planning Commission public meeting:
Within ten (10) calendar days after receipt of all staff and agency
comments, the Planning Director shall schedule the Final Site Plan for a
public meeting before the Planning Commission.
6. Notification of adjacent property owners:
Within ten (10) calendar days after receipt of all staff and agency
comments, the Planning Director shall notify in writing all adjacent
property owners of the site plan request and of the scheduled time and
location of the public meeting on the site plan before the Planning
Commission.
7. Action by Planning Commission:
Within sixty (60) days of receipt of the Planning Director’s report on the
Plan Review Committee comments and recommendations, the Planning
Commission shall act on the application and shall render a decision to
approve, approve with conditions, defer or disapprove the site plan upon
action at a regularly scheduled meeting.
8. Subsequent Revisions to Final Site Plan:
In consideration of revisions to any Final Site Plan, such revisions may be
approved administratively by the Planning Director upon input from the
Planning Commission, provided that where the Planning Commission is of
the opinion that the site plan revision is of such a magnitude and impact
that a decision on the revision should be reached only after a public
meeting thereon. In such instances, a public meeting before the Planning
Commission shall be scheduled prior to action on the site plan. The
applicant shall be notified in writing of action by the Planning
Commission within five (5) calendar days of the action taken.
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4. Approval / Denial Process:
A. A final site plan will be approved by the Planning Commission if it
demonstrates full compliance with this ordinance.
B. Under conditions related to State and Federal regulatory requirements, review
and approval of a Final Site Plan by other State and Federal agencies not
specifically referred to herein shall be a prerequisite to approval by the County.
C. In denying a site plan, specific reasons shall be provided in writing to the
applicant by the Planning Commission. Reasons for denial shall relate in general
terms to such modifications or corrections as will permit approval of the site plan.
5. Expiration of Approval:
Final approval of any site plan (with the exception of erosion and sediment control
plans) submitted under the provisions of this ordinance shall expire five (5) years
after the date of such approval in accordance with the Code of Virginia, 1950, as
amended, thereafter requiring re-submittal for approval. Erosion and sediment control
plans expire in accordance with applicable sections of the County Code.
6. Fees:
A. Payment of Fee:
The developer shall pay fees to the County for the examination and review of a
site plan submitted pursuant to this ordinance.
B. Site Development Fee Schedule:
A schedule of fees for the examination of plans and the inspection of all required
improvements in such plans shall be determined by Board of Supervisors
resolution. The fee schedule may be changed by resolution from time to time.
Before approval of any site plan or revision thereto, such fee shall be made
payable to the County of Nelson and deposited into the credit of the general fund.
L. Site Construction Permits and Bonding of Improvements
1. Prerequisites for Site Improvement Activities:
No site improvement and other construction activities may commence unless all of
the following requirements are met:
A. Approval of site plan.
B. Approval of final subdivision plat, if required.
C. County approval of erosion and sediment control plan, if required.
D. County approval of an erosion and sediment control bond, if applicable.
E. Installation of adequate erosion and sediment control measures in accord with
the plan.
F. Approval of a performance bond or other surety to ensure the completion of
public infrastructure facilities within a specified time frame.
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G. County issuance of a land disturbing permit (for projects with greater than
10,000 square feet of disturbed land area.)
H. Approval of availability and capacity of all necessary utilities.
2. Improvements Costs:
All improvements required by this ordinance shall be installed at the cost of the
owner or developer, except where cost sharing or reimbursement agreements between
the County of Nelson and the applicant are appropriate. Such agreements to be
recognized by formal written documentation prior to site development plan approval.
3. Acceptance of Site Improvements:
The approval of a site development plan or the installation of the improvements as
required by this ordinance shall not obligate the County to accept the improvements
for maintenance, repair or operation. Acceptance shall be subject to County and State
regulations, where applicable, concerning the acceptance of each type of
improvement.
4. Bonding of Improvements:
An agreement for satisfactory performance, supported by a bond or other accepted
obligate the applicant to construction all the legally required improvements on
approved projects in a timely manner and in accordance with all applicable standards
and criteria of the County and other governing entities.
A. Performance (surety) bond required for improvements:
1. A bond shall be required prior to commencement of construction to guarantee
the successful completion, function, and operation of certain improvements which
are to be accepted for dedication, maintenance and/or operation by the County
and as otherwise required by this ordinance and the subdivision ordinance.
2. Before the commencement of any construction activity of site work related to
an approved final site plan or subdivision plat and before issuance of an land
disturbance permit for any project, the owner or his designated agent shall submit
a bond or other surety acceptable to the Board of Supervisors to ensure that
measures could be taken by the County at the owner’s expense should owner fail
to complete the public utilities, infrastructure, facilities and erosion control
measures required for the project within the specified time frame.
3. The period of the initial bond (surety) agreement shall be not less than twelve
(12) months from its effective date. The bond shall be of a form which
automatically renews itself unless and until the issuing guarantor shall give ninety
(90) days prior written notice to the County of its intent to terminate the bond.
4. Appropriate personnel and agencies of the County may make inspections of the
improvements subject to bonding at any time during the progress of the work. The
owner or developer shall be required to notify the County of progress on a
periodic basis in accord with the County’s published inspection timeframes and
procedures.
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5. A decision by the County to draw upon the bond to ensure compliance with
bonding requirements may be made at any point during the life of the bond at the
sole discretion of the County’s Planning Director, Planning Commission or Board
of Supervisors.
B. Bond cost estimate required by applicant:
1. The developer or his agent shall submit a detailed, itemized cost estimate of: (a)
public utilities, infrastructure and/or facilities; (b) erosion control and public
facilities; and (c) other bondable improvements related to the public health, safety
and general welfare as determined and required for the proposed project to the
Planning Director.
2. A cost estimate for improvements to be covered by bonding shall submitted for
approval prior to site plan approval, with said estimate based upon standard unit
prices within the Central Virginia region. The estimate shall be prepared by a
registered professional engineer or licensed general contractor qualified to
perform the work subject to the bond.
3. The County Administrator upon consideration of input from the Planning
Director shall employ the original bond cost estimate in setting the bondable
amount for any project.
C. Notification of expiration and extension of bond:
1. If prior to sixty (60) days from the expiration date of the bond the applicant has
not taken steps to gain approval of improvements, release of the bond, and/or
extension of the bond, the applicant and surety will be notified by the County by
certified mail within forty-five (45) calendar days prior to that expiration date that
a bond extension or new bond will be required.
2. If an extension or new bond is not received by the Planning Director within
twenty-five (25) calendar days of the original bond’s expiration date, action will
be taken to draw upon the original to allow the County to complete the installation
of public improvements, other site improvements and erosion control and public
works facilities.
At that time, all construction permits will be revoked and continued work at the
project will place the developer, the contractor, and/or other associated parties in
violation of this ordinance.
D. Reduction of Bond Amounts
1. At such time a minimum of 50% of the improvements subject to the bond have
been completed, a bond may be partially released and reduced to an amount not
less than the actual cost of completion of the remaining work.
2. The Planning Director shall establish the allowable reduction amount in the
required remaining bond based on updated cost estimates provided by the
applicant and contractor as well as other information determined appropriate by
the Planning Director.
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3. The reduction in and release of a bond shall not be approved if the performance
agreement is in default, as determined by the Planning Director.
4. An applicant seeking partial release and reduction of any bond or other form of
guarantee shall submit a written bond reduction request to the Planning Director.
A detailed cost estimate of the remaining work shall be provided with the bond
release request. The applicant shall provide verification of satisfactory completion
of work performed through the period leading to the request for bond release and
reduction.
5. The Planning Director may request for the submission of a certificate of
completion from a professional engineer stating that the work described in the
release request has been perform din strict conformity with either the approved
final plans or as-built plans submitted with the request and that the work meets all
applicable standards.
6. The Planning Director shall approved, approve with modifications, or
disapprove all reduction and release requests within thirty (30) days of an
applicant’s submission of such request. If a request is disapproved, the applicant
shall be notified of the specific reasons for the disapproval.
E. Final release of bonds:
1. Performance bond release requests shall be authorized within thirty (30) days
provided the following criteria have been met:
a. Acceptance of all public facilities by appropriate agencies or authorities
which are responsible for maintaining or operation such facilities,
b. The completion and approval of nay other bonded site-related
improvements, and
c. Payment by the developer of all required fees, proffers and contribution.
F. Forms of bond and surety guarantees:
Forms of surety guarantees, all of which shall be subject to the approval of the
County Attorney, shall be limited to the following:
1. Corporate surety bond from an insurance corporation licensed in Virginia.
2. Cash escrows and set-asides from an insured lending institution.
3. Irrevocable letters of credit from an insured lending institution.
4. Cashier’s check.
5. Other surety as approved by the Board of Supervisors.
6. The bond may be released by the County in full or in part only upon the
satisfactory completion of applicable improvements and the permanent
stabilization of the site against erosion and sedimentation.
G. Maintenance (defect) bonds:
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1. Prior to the release of the performance bond and the acceptance of public
facilities by the County, the owner or develop shall submit a maintenance (defect)
bond for any improvement to be accepted for dedication, maintenance, and/or
operation by the County.
2. The maintenance (defect) shall be in an amount and form satisfactory to the
County Attorney but in no instance shall be less than ten (10) percent of the total
construction cost of the improvements subject to the bond.
3. The maintenance bond may be released at the end of two (2) years from the
date of County acceptance of responsibility. Such bond shall be released in full if
no defects have been found to exist, or if defects are found to exist, they have
been corrected by the owner or development to the satisfaction of the County. If
defects found to exist have been corrected by action of the County, the costs of
such action shall be deducted from the amount of the maintenance bond.
H. As-built construction drawings:
As-built construction drawings for all improvements subject to bonding shall be
provided to the County on mylar prior to the release of any bond amounts. The asbuilt drawings shall fully document the accuracy of improvements and update all
information shown on the original site plan.
5. Foundation Survey:
No work on a new building or addition that is required to have either a minor or
major site plan and is located within five (5) feet of any required setback shall be
approved to proceed above the foundation or slab until the building inspections office
has received a survey prepared by a certified land surveyor licensed to practice in
Virginia, showing that the foundation or slab, as constructed, is located in accordance
with the approved site plan and other applicable ordinances. This requirement is
supplemental to, and does not negate the requirement for, submission of application
for building permits prior to commencing any construction activity.
M. Requests for Waivers, Variations or Substitutions
1. An applicant or owner may request a waiver, variation or substitution related
to:
A. the requirements for physical improvements,
B. the requirements for site development processes and activities,
C. the requirements for specific designs, plans and documentation to be
submitted with the site plan application, and
D. other requirements related to the application of this chapter. The
specific provisions for the waiver of the requirement for preparation and
submission of a site plan are addressed in Section E of this chapter. A
written request for a wavier, variation or substitution shall state the
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rationale and justification for such request together with such alternatives
as may be proposed by the applicant or owner.
2. Any such request shall be submitted in writing to the Planning Director with
the filing of a Major or Minor Site Plan.
3. The Planning Commission, at its sole discretion, may accept the request for
waiver, variation or substitution related to a Major Site Plan for any requirement
in a particular case upon a finding that the waiver, variation or subdivision of such
requirement would advance the purposes of this ordinance and otherwise serve
the public interest in a manner equal to or exceeding the desired effects of the
requirements of the ordinance. Alternately, the Planning Commission may
recommend a conditional modification to the request or the Planning Commission
may deny the request. Similarly, the Planning Director shall act upon the request
for waiver, variation or substitution related to a Minor Site Plan.
4. Approval or conditional approval of a waiver, variation, or substitution shall be
evaluated as to the public purpose served by such waiver, variation, or
substitution, particularly in regard to the purpose and intent of this chapter, the
Zoning Ordinance, the subdivision ordinance, and the Comprehensive Plan.
5. No such waiver, variation, or substitution shall be detrimental to the public
health, safety or welfare, orderly development of the area, sound engineering
practice, or to properties located within the project impact area.
6. Prior to action on such waiver, variation or substitution, the Planning Director
may require the submission of a professional engineering report or other related
technical documentation and plan exhibits to support the applicant’s request for
waiver, variation, or substitution.
7. The Planning Director, at his or her sole discretion, may waive any individual
requirement for graphic or written information to be contained on the Single
Family Residential Lot Plan.
N. Revisions to Approved Site Plans:
1. Any revision or deviation from approved plans and specifications must be
submitted in writing with related site plan documentation to the Planning
Director.
2. The Planning Director shall determine which staff and agencies are required to
review the requested modifications and will oversee the implementation of this
process.
3. The Planning Director may grant approval of site plan revisions, provided that
where the Planning Director is of the opinion that a proposed revision is of such a
magnitude and impact that a decision on the revision should be reached only after
a public meeting thereon, then a meeting before the Planning Commission to act
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on such revision shall be scheduled in a fashion similar to an original site plan
submission.
O. Single Family Residential Lot Plans:
To ensure that proposed single family uses and related lot development activities are
compatible with approved subdivision plats and public improvements plans and to ensure
consistency with the N-R, A/M-R, C-O, V-MU, and PCD-O zoning district regulations, a
single family lot plan shall be required in any residential zoning district or subdivision
where individual lots are to be served by public water or sewer.
For single family residential development in the N-R, A/M-R, C-O, V-MU and PCD-O
zoning districts, the residential lot development plan shall accompany zoning permit,
building permit, and/or use applications for single family residences, accessory buildings,
accessory uses, private garages, rental uses of a portions of a single family dwelling, onsite parking areas or other lot improvements which are to be constructed, reconstructed,
rehabilitated, or otherwise expanded within the above indicated districts.
The single family residential lot plan shall be reviewed and acted upon by the Planning
Director within ten (10) working days upon receipt and application for a zoning permit or
building permit. In the event of denial of approval by the Planning Director, the applicant
may petition the matter to be heard by the Planning Commission at their next regularly
scheduled meeting.
The single family residential lot plan shall include the following:
1. Address and tax map reference number of lot; name of subdivision and deed
reference.
2. North arrow; dimensions of the lot drawn to scale of 1”= 20’, with meets and
bounds of lot.
3. Location and dimensions of both the existing structure(s) and the structure(s) to
be erected on the lot.
4. Geotechnical evaluation and certified engineering design for building
foundation for lots which contain shrink/swell soils.
5. Dimensional setbacks from property lines to any structure or improvement,
including covered porches, decks, stairwells, garages, swimming pools, accessory
uses, etc.
6. Square footage of lot per recorded subdivision plat.
7. Easements contained within the lot or across the lot line.
8. Proposed finished lot grading shown with two foot (2’) contour intervals.
9. Certificate of water and sewer availability.
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10. Location of all required off-street parking.
11. Location of all existing natural or man-made drainage channels and storm
sewer facilities, as well as location of proposed drainage improvements, to ensure
the adequate conveyance of stormwater on and through the property.
12. Location and boundaries of 100 year floodplain.
13. Alignment, grade and design criteria for private access roads and driveways.
14. Location of service connections to public water and sewer, or location and
design of wells and drainfields.
15. Location and design of riverfront improvements, where applicable, including
piers, boat ramps and docks.
16. Location of construction entrance.
17. Limits of clearing, including trees in excess of 12” in diameter which are
proposed to be removed twenty feet or more outside the building construction
footprint.
18. Erosion and sediment control measures, where applicable.
19. Foundation engineering design (as required by the Planning Director.)
20. Maintenance and easement agreements for property, utilities, access, drainage
and other infrastructure, where required.
21. Special requirements for slope stabilization and other practices related to
development of mountain area property.
P. Acceptance of Dedicated Public Facilities and Infrastructure
Within thirty (30) days following satisfactory completion, inspection and approval of the
installation of all required public facilities and infrastructure, and upon the satisfactory
compliance with the provisions of this ordinance and the County’s design and
construction standards, a “Certificate of Substantial Completion” shall be issued. The
County may accept ownership of maintenance responsibilities for such facilities on the
effective date of said letter.
Q. Appeals
1. Appeals of a decision of the Planning Director in the administration of this
chapter shall be as provided in Section 15.2-2311 (1997) of the Code of Virginia.
2. Appeals of a decision of the Planning Commission by the applicant or a party
in interest regarding a site plan, waiver, variation or substitution shall be to the
Board of Supervisors, provided that such appeal is filed with the County
Administrator within ten (10) calendar days of the decision being appealed. The
appeal shall be placed on the agenda of the Board of Supervisors at the next
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regular meeting. The Board of Supervisors may reverse or affirm, wholly or
partly, or may modify the decision of the Planning Commission.
R. Violations and Penalties
1. Any person, whether owner, lessee, principal, agent, employee or otherwise,
who violates any of the provisions of this ordinance, or permits any such
violation, or fails to comply with any of the requirements hereof, or who erects
any building or uses any building or uses any land in violation of any detailed or
proffered statement or plan submitted by him and approved under the provisions
of this ordinance shall be guilty of a Class I misdemeanor and, upon conviction
thereof, shall be subject to punishment as provided by law. Each day that a
violation continues shall be deemed a separate offense.
2. Any building erected or improvements constructed contrary to any of the
provisions of this Ordinance or to the approved plans, and any use of any building
or land which is conducted, operated or maintained contrary to any of the
provisions of this Ordinance shall be, and the same is hereby declared to be,
unlawful.
3. The County may initiate injunction, mandamus, or any other action to prevent,
enjoin, abate or remove such erection or use in violation of any provision of this
Ordinance.
4. Upon becoming aware of any violation of a provisions of this ordinance, the
Planning Director, County Administrator, or County Attorney shall serve notice
of such violation on the person committing or permitting the same. If such
violation has not ceased within a reasonable time as specified in the notice, action
as may be necessary to terminate the violation shall be initiated.
5. The remedies provided for in this chapter are cumulative and not exclusive
and shall be in addition to any other remedies provided by law.
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Chapter 13
Board of Zoning Appeals
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CHAPTER 13: BOARD OF ZONING APPEALS
A. Purpose and Intent
This ordinance endeavors to create a process by which the Planning Director, Planning
Commission and Board of Supervisors can address and implement zoning and land use in
such a way as to reconcile the desires of the applicant with the health, safety and general
welfare interests of the County. However, there may be special and unusual
circumstances which arise in the administrative process. Therefore, variances and special
exceptions to the application of this ordinance as well as opportunities to appeal decisions
related to the application of the zoning ordinance which are outside the purview of the
Planning Director, Planning Commission and Board of Supervisors.
Variances and special exceptions are distinguished in definition and process from special
uses which are considered and permitted by the Planning Commission and Board of
Supervisors. The consideration of and action on such matters shall be undertaken by the
Board of Zoning Appeals of the County of Nelson (hereinafter referred to as “Board”).
The Board may consider and grant a variance to the application of this ordinance which
cannot be otherwise granted by the Planning Commission or Board of Supervisors in
situations where due to the characteristics of the property under consideration an
unnecessary hardship on the applicant will be created and where the spirit of the
ordinance can be otherwise maintained.
The Board may consider and grant a special exception to modify standards and
regulations for certain uses allowed within a given district, but which by their nature and
design may have an undue impact or be incompatible with other uses of land, when it is
judged in the interest of sound development in the County.
The Board may consider and grant an appeal to decisions rendered by the Planning
Director or any other staff member, official, or agency of the County related to the
administration and enforcement of this ordinance, provided that any opportunity to appeal
such decision to the Planning Commission or Board of Supervisors shall have been
exhausted.
B. Composition of Board of Zoning Appeals
1. There shall be established a Board of Zoning Appeals which shall consist of
five (5) members, each to be a resident of the County and each to be appointed by
the Circuit Court of the County of Nelson (hereinafter “Circuit Court) for terms of
five (5) years, except the original appointments shall be made for such terms that
the term of one member shall expire each year.
2. Members of the Board shall hold no other public office except that one member
may be a member of the County’s Planning Commission.
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3. A member whose term expires shall continue to serve until a qualified
successor is appointed.
4. Board vacancies shall be filled by the Circuit Court for the unexpired portion
of the term.
5. A member may be removed by the Circuit Court for cause, upon written
charges and after a public hearing.
6. Each member shall receive such compensation as the County Council may
authorize for attendance at each regular or called meeting of the Board held at
least six (6) days after proper public notice.
7. The Circuit Court may remove any member of the Board for malfeasance,
misfeasance or nonfeasance in office for for other just cause upon a hearing held
not less than fifteen days from notification of the Board member sought to be
removed.
8. Within the limits of funds appropriated by the Board of Supervisors via its
annual budgeting process, the Board may employ or contract for legal services,
technical services, secretaries, clerks and other advisory services.
C. Organization of Board
1. At its first meeting of the year, the Board shall elect one of its members as
Chair and one of its members as vice-chair who shall serve annual terms as such
and may succeed themselves. The chair shall preside at all meetings of the Board
and in the Chair’s absence the vice-chair shall preside.
2. The Board shall appoint a recording secretary whose duty it shall be to keep the
minutes and other record of the actions and deliberations of the Board and
perform such other ministerial duties as the Board shall direct. A secretary who is
not a member of the Board shall not be entitled to vote on matters before the
Board.
3. The recording secretary may receive such compensation as the Board of
Supervisors may authorize for attendance at each regular or called meeting of the
Board.
D. General Procedures for Board
1. The Board may make, alter and rescind rules and forms for its procedures,
consistent with ordinances of the County and general laws of the state as it may
deem necessary in order to carry into effect the provisions of this ordinance, said
rules to be in writing and copies available to the public at the office of the
Planning Director and the recording secretary of the Board.
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2. Meetings of the Board shall be held at the call of the Chair and at such other
times as the Board may determine. Such Chair, or in the Chair’s absence the Vicechair.
3. A regular member when he knows he will be absent from a meeting shall notify
the Chair twenty-four hours prior to the meeting of such fact.
4. All meetings of the Board shall be open to the public.
5. The recording secretary shall keep minutes of the Board’s proceedings,
showing the vote of each member upon each question, or, if absent or failing to
vote, indicating such fact, and shall keep records of the Board’s examinations and
other official actions, all of which shall be immediately filed in the office of the
Board and shall be a public record.
6. A quorum of the Board shall consist of three (3) Board members.
7. The Board shall keep a full public record of its proceedings and other official
actions and shall submit a report of its activities to the Board of Supervisors at
least one each year.
8. The Board may adjourn a regular meeting if all applications or appeals cannot
be disposed of in the day set and no further public notice shall be necessary for
such an adjourned meeting.
E. Powers of Board of Zoning Appeals: Variances, Special Exceptions
and Appeals
The Board of Zoning Appeals shall have the following powers and duties:
1. Variances: To authorize upon appeal or original application in specific cases a
variance from the application of the strict terms of this ordinance, provided that
such variance will not be contrary to the public interest, when owing to special
conditions a literal enforcement of the provisions of this ordinance will result in
unnecessary hardship; provided that the spirit of the ordinance shall be observed
and that substantial justice done as hereinafter specified. No variance may be
granted except after a public hearing in accordance with section “J.” of this
chapter.
2. Special Exceptions: To hear and decide applications for special exceptions for
certain uses, yards and heights as may be specifically authorized in this article.
The Board may impose such conditions relating to the use, yard or height for
which a permit is granted as it may deem necessary in the public interest,
including limiting the duration of a permit, and may require a guarantee or bond
to ensure that the conditions imposed are being and will continue to be in
compliance. No special exception may be granted except after a public hearing in
accordance with this article.
Applications for special exceptions are distinguished from special use permits
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which are reviewed and considered by the Planning Commission.
3. Appeals: To hear and decide appeals from any order, requirement, decision or
determination made by the Planning Director or any administrative officer of the
County in the administration or enforcement of this ordinance.
No such appeal shall be heard except after a public hearing in accordance with
this ordinance.
4. Zoning Map Interpretation: To hear and decide appeals to the interpretation
of the Official Zoning Map by the Planning Director, Planning Commission or
Board of Supervisors where there is an unresolved disagreement as to the location
of a district boundary, subject to notice of adjoining property owners affected by
any such interpretation and after a public hearing thereon.
5. No Power to Rezone: No provision of this section shall be construed as
granting any Board the power to rezone property.
6. Revocation of Permit: To revoke a special exception if the Board determines
that there has not been compliance with the terms or conditions of the permit. No
special exception may be revoked except after a public hearing in accordance with
with section “J.” of this ordinance.
F. Variances
The Board shall have the power in specific cases to grant a variance from the application
of the strict application of the terms of this ordinance under the following provisions:
1. When a property owner can show that his property was acquired in good faith.
2. Where by reason of the exceptional narrowness, shallowness, size or shape of a
specific piece of property at the time of the effective date of the ordinance, or
where by reason of exceptional topographic conditions or other extraordinary
situation or condition of such piece of property, or of the condition, situation, or
development of property immediately adjacent thereto, the strict application of the
terms of the ordinance would effectively prohibit or unreasonably restrict the
utilization of the property or where the Board is satisfied, upon the evidence heard
by it, that the granting of such variance will alleviate a clearly demonstrable
hardship approaching confiscation, as distinguished from a special privilege or
convenience sought by the applicant, provided that all variances shall be in
harmony with the intended spirit and purpose of the ordinance.
3. No such variance shall be authorized by the Board unless it finds:
a. That the strict application of the ordinance would produce undue
hardship.
b. That such hardship is not shared generally by other properties in the
same zoning district and the same vicinity.
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c. That the authorization of such variance will not be of substantial
detriment to adjacent property and that the character of the zoning district
will not be changed by the granting of the variance.
d. That the condition or situation of the subject property is not of so
general or recurring in nature as to make reasonably practicable the
formulation of a general regulation to be adopted as an amendment to the
ordinance.
4. Unauthorized variances:
a. No variance shall be authorized that would result in an increase in the
density, floor area ratio, or dwelling unit count not otherwise permitted in
by the applicable zoning district regulations.
b. No variance shall be authorized that would permit the establishment
of any new use not otherwise permitted in the zoning district under the
provisions of this ordinance.
c. No variance shall be authorized that would permit the establishment of
any use not otherwise permitted in a floodplain and floodway.
5. No such variance shall be authorized except after a public hearing in
accordance with this article.
6. In authorizing a variance the Board may impose such conditions regarding the
location, character and other features of the proposed structure or use as it may
deem necessary in the public interest, and may require a guarantee or performance
bond to ensure that the conditions imposed are being and will continue to be
complied with.
7. After the Board has approved a variance, the variance so approved or granted
shall lapse after one year period or such longer period of time as may be approved
for “good cause” by the Board, provided that no substantial construction or
change of use has taken place in accordance with the plans for which such
variance was granted.
8. The procedure for amendment of a variance already approved, or the request
for a change of conditions attached to an approval, shall be the same as for the
new application, except that, where the administrator determines the change to be
minor relative to the original approval, the administrator may transmit the same to
the Board with the original record without requiring that a new application be
filed.
G. Special Exceptions
1. The Board shall have the power in specific cases to grant a special exception
for and apply standards and conditions to certain land use, lot area, and yard
exceptions from the strict application of the terms of this ordinance under the
following provisions:
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a. to provide for adjustments in the relative locations of uses and buildings
of the same or different classifications,
b. to promote the usefulness of these regulations as instruments for fact
finding, interpretations, application and adjustment, and
c. to supply the necessary elasticity to efficiently administer these
regulations in the interest of sound land use.
2. In considering an application for a special exception, the Board shall give due
regard to the specific guidelines and standards of this ordinance, and to the nature
and conditions of adjacent uses and structures as well as the probable effect upon
them of the proposed special exception.
3. The Board shall take into account the special and unique characteristics, design,
location, construction, method of operations, effect on traffic conditions or any
other aspects of the particular use or structure, that may be proposed by the
applicant.
4. If the Board finds that the proposed establishment or use will not adversely
affect the health, safety or welfare of persons residing or working on the premises
or in the neighborhood, will not unreasonably impair an adequate
supply of light and air to adjacent property, nor increase congestion in the streets,
nor increase public danger from fire or otherwise unreasonably affect public
safety, nor impair the character of the district or adjacent districts, nor be
incompatible with the general goals, objectives and strategies of the County’s
Comprehensive Plan, nor be likely to reduce or impair the value of buildings or
property in surrounding areas, but that such establishment or use will be in
substantial accordance with the general purpose and objectives of this ordinance,
the Board shall grant the exception and authorize the issuance of a special
exception permit.
5. In those instances where the Board finds that the proposed use may be likely to
have an adverse effect as above, the Board shall determine whether such effect
can be avoided by the imposition of any special requirements or conditions with
respect to location, design, construction equipment, maintenance, or operation, in
addition to those expressly stipulated in this ordinance.
6. Special exception uses: The following buildings and uses are permitted as
special exceptions under the terms and conditions specified herein above:
a. A garage or other building accessory to a single family dwelling which
building does not comply with the regulations of the district in which it is
located.
b. Extension of an existing nonconforming use in a building so as to
increase floor area by not more than twenty-five (25) percent, provided
that no new non-conforming use may be established.
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c. Restoration, repair or replacement of a nonconforming use damaged by
more than fifty (50) percent of the fair market value of the building as
determined on the date immediately prior to its damage.
d. Temporary uses and structures in any zoning district not specifically
listed in the regulations and determined by the Board to be in the public
interest for the district in which located; provided that such uses be of a
temporary nature and do not involve the erection of substantial buildings.
e. Such use or structures shall be authorized by the issuance of a
temporary and revocable permit for not more than a twenty-four month
period subject to such conditions as will safeguard the public health, safety
and welfare.
7. Special exceptions for yards: The following yard conditions are permitted as
special exceptions under the terms and conditions specified herein above:
a. An exception in the yard regulation on a lot where on the adjacent
lot there is a front, side, or rear yard that does not conform with such yard
regulations in a way similar to the exception applied for, provided that the
granting of such an exception will not cause the yard or use to encroach
upon an existing or proposed right of way or dedicated public easement.
b. An exception in the depth or a rear yard on a lot, in a block where there
are nonconforming rear yards.
c. An exception to a yard where there are irregularities in depths of
existing front yards on a street frontage on the side of a street between two
intersection streets, so that any one of the existing depths shall, for a
building hereafter constructed or extended be the required minimum front
yard depth.
d. Construction of a single family dwelling with reduced yard spaces on a
legal nonconforming lot.
8. After the Board has approved a special exception, the special exception so
approved or granted shall lapse after a one year period or such longer period of
time as may be approved for “good cause” by the Board, provided that no site
plan or subdivision plat has been approved by the County and that no substantial
construction or change of use has taken place in accordance with the plans for
which such variance was granted.
9. The procedure for amendment of a special exception already approved, or the
request for a change of conditions attached to an approval, shall be the same as for
the new application, except that, where the Planning Director determines the
change to be minor relative to the original approval, the administrator may
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transmit the same to the Board with the original record without requiring that a
new application be filed.
H. Consideration of Conditions for Approvals
The Board may attach conditions to the granting of a variance or to the approval of a
special exceptions. In establishing adequate and necessary conditions, the Board may
consider the following elements with respect to potential inclusion, modification,
exclusion or limitation:
1. Placement of signs and advertising structures.
2. Signs: size, number, type, color, location or illumination.
3. Outdoor lighting: illumination intensity, direction, location, shielding.
4. Parking and loading: location, size, number.
5. Cleaning and painting.
6. Roof type.
7. Construction materials.
8. Construction phasing.
9. Exits, entrances, doors and windows.
10. Landscaping and screening.
11. Paving and site improvements.
12. Operating times.
13. Architectural facades.
14. Structural changes.
15. Smoke, dust, gas, noise and vibrations.
16. Termination of use due to use lapse or other conditions.
17. Open space requirements.
18. Adequate public facilities and supporting infrastructure.
19. Adequate storm drainage and stormwater management.
20. Adequate environmental protection measures.
21. Other elements consistent with the Comprehensive Plan.
I. Procedure on Special Exception and Variance Applications and
Appeals
1. Application for Special Exceptions and Variances
a. Applications to the Board of Zoning Appeals for special exceptions and
variances in which the Board has original jurisdiction under this ordinance may be
made by any property owner, tenant, government official, department,
commission, board or agency. Such application shall be made to the Board on
standard application forms which shall be provided for the purpose in accordance
with rules adopted by the Board.
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b. All information, including documentation and rational for the grounds for the
subject application as well as plats, maps, site plans and other graphic exhibits
required by the standard application form or the Planning Director, or other
information as required by the Board in order that it might be fully informed, shall
be furnished by the applicant. The application shall include a copy of the decision
or determination on which the application is based.
c. It shall be the responsibility of the recording secretary of the Board to place the
matter on the Board meeting agenda.
d. The Planning Director shall also transmit a copy of the application to the
Planning Commission of every appeal and application for variance made to the
Board and shall notify the Commission of the scheduled date of hearing thereon.
The Planning Commission may send a recommendation to the Board or appear as
a party at the hearing.
e. If a request for a variance or special exception has been denied by the Board, a
request in substantially the same form shall not be considered by the Board within
one (1) year of the date of denial.
f. The procedure for amendment of a special exception or variance already
approved, or a request for a change of conditions attached to an approval, shall be
the same as for a new application except that where the Planning Director
determines the change to be minor relative to the original approval, the Planning
Director may transmit the same to the Board with the original record without
requiring that a new application be filed.
2. Application for Appeals:
a. An appeal may be taken to the Board of Zoning Appeals by any person
aggrieved or by any officer, department, commission, board or agency of the
County affected by any decision of the Planning Director or from any order,
requirement, decision or determination made by any other officer in the
administration or enforcement of this ordinance.
b. All information, including documentation and rational for the grounds for the
subject appeal as well as plats, maps, site plans and other graphic exhibits or
information as required by the Board in order that it might be fully informed, shall
be furnished by the applicant. The application shall include a copy of the decision
or determination on which the application is based.
c. Any written notice of a zoning violation or a written order of the Planning
Director shall include a statement informing the recipient that he may have a right
to appeal the notice of a zoning violation or a written order within thirty days in
accordance with this section, and that the decision shall be final and unappealable
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if not appealed within thirty (30) days. The appeal period shall not commence
until the statement is given to the recipient.
d. An appeal shall be taken within thirty (30) days after the decision appealed by
filing with the administrator, and with the Board, a notice of appeal specifying the
grounds thereof. The Planning Director shall forthwith transmit to the recording
secretary of the Board all the papers constituting the record upon which the action
appealed was taken. An appeal stays all proceedings in the furtherance of the
action appealed from unless the administrator certifies to the Board, after the
notice of appeal shall have been filed with him, that by reason of facts stated in
the certificate, a stay would, in his opinion, cause imminent peril to life or
property.
In such case proceedings shall not be stayed otherwise than by a restraining order
which may be granted by the Board or a Court of record, on application and on
notice to the Planning Director for good cause shown.
e. The Planning Director shall also transmit a copy of the application to the
Planning Commission of every appeal made to the Board and shall notify the
Commission of the scheduled date of hearing thereon. The Planning Commission
may send a recommendation to the Board or appear as a party at the hearing.
3. Hearing and Decision:
a. The Board shall fix a reasonable time for a public hearing on an application or
appeal. The Board shall decide upon the application or appeal within ninety (90)
days of its filing.
b. Upon the hearing any party may appear in person, or by agent, or by attorney,
before the Board. In exercising its powers, the Board may, in conformity with the
provisions of this ordinance, reverse or affirm, wholly or partly, or may modify,
any order, requirement, decision or determination as ought to be made, and to that
end shall have all the powers of the officer from whom the appeal is taken.
c. The concurring vote of a majority of the members of the Board shall be
necessary to reverse any order, requirement, decision or determination of the
administrative officer or to decide in favor of the applicant on any matter upon
which it is required to pass under this ordinance, or to effect any variance from
this article.
4. Proceedings to Prevent Construction of Building in Violation of Zoning
Ordinance:
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a. In any case where the Planning Director has certified conformity with the
provisions of this ordinance and a building permit has been issued and
construction of the building for which such permit was issued is subsequently
sought to be prevented, restrained, corrected or abated as a violation of the zoning
ordinance, suit may be filed within fifteen (15) days after the start of construction
by a person who had no actual notice of the issuance of such permit.
b. The Circuit Court may hear and determine issues raised in the litigation even
though no appeal was taken from the decision of the Planning Director to the
Board of Zoning Appeals.
5. Filing Fees:
a. All persons, firms or corporations appealing to the Board of Zoning Appeals
necessitating the publication of notices in the newspaper shall be required to pay,
at the time the application is submitted, a fee as established by Board of
Supervisors for expenses relative thereto.
b. All persons, firms or corporation applying for variances under the provisions of
this ordinance or applying for an amendment or a variance already approved
necessitating the publication of notices in the newspaper shall be required to pay,
at the time the application is submitted, a fee as established by Board of
Supervisors for expenses relative thereto.
c. The payment of such money in advance to the office of the administrator as
specified shall be deemed a condition precedent to the consideration of such
appeal, variance request or requested amendment to a variance already approved.
J. Appeal of Board Decisions to the Circuit Court
Any person or persons jointly or severally aggrieved by any decision of the Board of
Zoning Appeals, or any taxpayer or any administrative officer, official, department,
commission, board, or agency of the County, may present to the Circuit Court of Nelson
County a petition specifying the ground on which aggrieved within thirty (30) days after
the filing of the decision in the office of the Board. The appeals proceedings before the
Circuit Court shall be in accordance with applicable state law as provided for in Article 7,
Chapter 22, Title 15.2 of the Code of Virginia.
K. Notice and Hearing Requirements
1. No variance, special exception or appeal may be authorized or otherwise acted
upon except after notice and hearing as required by Section 15.2-2204 of the Code
of Virginia.
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2. As is stated in 15.2-2204 of the Code of Virginia, each of the planning actions
listed herein above need not be advertised in full, but may be advertised by
reference. Every such advertisement shall contain a summary of the proposed
action and hearing date.
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Chapter 14
Planning Commission
(This Chapter has been deleted. Rules and regulations for the
Planning Commission are found in the Code of Nelson
County.)
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Chapter 15
Communications Tower Regulations
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Chapter 15: Communication Towers Regulations
A. Purpose and Intent
The purpose of this section is to establish regulations and governing criteria for the siting
all types of communication towers in Nelson County in pursuit of the followingobjectives
and intent:
1. Protect the health, safety, and general welfare of residents and visitors in
Nelson County.
2. Avoid potential damage to adjacent properties from Communication Tower
failure including but not limited to excessive wind or ice, and falling ice or debris.
3. Minimize potential hazards from Communication Towers to private aircraft,
low-flying law enforcement and medical aircraft, and helicopters.
4. Maximize the use of existing Communication Towers to reduce the collective
number of towers required in Nelson County for all varieties, types, and forms of
wireless service.
5. Regulate the placement, appearance, and construction of all varieties, forms,
and types of Communications Towers.
6. Restrict the location of Communication Towers that adversely detract from the
natural beauty of the mountains in Nelson County.
7. Minimize the negative economic impact on tourism.
8. Protect the University of Virginia’s observatory on Fan Mountain from light
pollution.
9. Protect the view from the Blue Ridge Parkway and along designated scenic
highways in Nelson County.
The provisions and regulations of this section shall apply to all areas of un-incorporated
Nelson County. The Board of Supervisors recognizes the need for the residents and
visitors of Nelson County to have access to wireless communication services. The Board
of Supervisors, by creating this ordinance, is in no way prohibiting the erection,
construction, or placement of Communication Towers in Nelson County.
B. Supplemental Definitions for Communications Towers
For the purposes of providing supplement definitions and terms applicable to this
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section, the following definitions are provided:
1. Amateur Radio Operator: An amateur radio operator, commonly referred to
as HAM operator, who has a valid FCC issued license to operate an individual
system.
2. Antenna: Any apparatus or device used for the purpose of collecting or
transmitting electromagnetic waves, including but not limited to directional
antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas , such as whip antennas. Antennas for receiving broadcast
signals only for non commercial use and antennas for licensed amateur radio
operators and citizens band operators are excluded from this definition.
3. ANSI: American National Standards Institute.
4. Communication Tower: Any tower or structure, natural or man-made,
existing or erected, used to support one or more antennas, including self
supporting lattice towers, guyed towers, or monopoles. This term includes radio
and television transmission towers, microwave towers, common carrier towers,
wireless telephone towers, alternative tower structures and the like.
5. Communication Tower Permit: The permit issued by Nelson County for
compliance with this section.
6. EIA: Electronic Industries Association.
7. Existing Communication Tower: Any Communication Tower existing in
Nelson County that was placed, built, erected, or for which a special use permit
had been approved by the Nelson County Board of Supervisors before January 1,
1997.
8. Existing Vegetative Canopy: The existing vegetative plants, trees, or shrubs at
the site specific location of the proposed Communication Tower site, that will
provide natural camouflage, concealment, or otherwise “hide” the
Communication Tower after its construction. This vegetative canopy shall also be
used to determine the allowable Tower Height as defined herein.
9. Class I Communication Tower: A Communication Tower that is a wooden
pole which does not exceed eighty (80) feet in tower height, or a non wooden
structure which does not exceed thirty-five (35) feet in tower height, as defined
herein.
10. Class II Communication Tower: A Communication Tower that is a wooden
pole which is greater than eighty (80) feet in tower height, or a non wooden
structure which is greater than thirty-five (35) feet, neither of which exceeds
ninety-five (95) feet in tower height, as defined herein.
11. Class III Communication Tower: Any Communication Tower that is greater
than ninety-five (95) feet but does not exceed one hundred thirty (130) feet in
Tower Height, as defined herein.
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12. Crest: The uppermost line of the mountain or chain of mountains from
which the land falls away on at least two (2) sides to a lower elevation or
elevations.
13. IEEE: The Institute of Electrical and Electronic Engineers.
14. Mountain Ridge: A ridge with an elevation of six hundred (600) feet or
higher above mean sea level and an elevation two hundred (200) feet or more
above the elevation of an adjacent valley floor.
15. Ridge: The elongated crest or series of crests at the apex or uppermost point
of intersection between two (2) opposite slopes or sides of a mountain; and
includes all land within one hundred (100) feet below the elevation of any portion
of such line or surface along the crest.
16. Planning Commission: The Nelson County Planning Commission.
17. Structure: See Definitions section of this ordinance.
18. Tower Height: The vertical distance from the finished grade to the uppermost
point of a Communication Tower including any antenna, beacon, light, or other
fixtures attached to the Communication Tower. In the event an antenna is attached
to a structure such as the roof of a building, the height of the structure shall be
included in the Tower Height.
19. Tower Site: The real property which an applicant(s) is required to have
ownership of, leasehold of, interest in, easement over, or any combination of the
aforementioned to locate a Communication Tower and any auxiliary buildings.
20. Viewshed (1): An unobstructed sight or the range of one’s sight while
traveling, visiting, driving or otherwise using, the natural or man-made resources
of the Blue Ridge Parkway (BRP). For the purposes of this ordinance, the
Viewshed distance is one (1) air mile from the outermost boundary line of the
BRP.
21. Viewshed 2): An unobstructed sight, or the range of one’s sight while
traveling, visiting, or driving along a highway that has been designated by the
State of Virginia as a Scenic By-Way. For the purpose of this ordinance, the
Viewshed is one (1) air mile from the right of way of a scenic highway.
22. Wireless Telecommunication Services or Systems: Licensed commercial
wireless telecommunication services including cellular, personal communication
services (PCS-digital), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging and similar services that are marketed to the
general public and systems for private commercial use.
C. Communication Tower Categories
The following minimum requirements for each category shall be met before a permit or
registration will be approved for any Communication Tower. As determined by the
Director of Planning, applications for Communication Towers shall be established and
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regulated by one of the following four (4) categories based upon the definitions and
criteria set forth in this ordinance:
1. A Class I Communication Tower, requiring registration.
2. A Class II Communication Tower, requiring a permit.
3. A Class III Communication Tower, requiring a permit.
4. An existing Communication Tower, not requiring a permit, but
requiring registration.
D. Regulations for Class I Communications Towers
1. Process for Class I Communication Tower
All Communication Towers categorized by the Director of Planning as a Class I
Communication Tower are subject to the following standards for height, location
And construction.
2. Standards for Height minimum standards:
The maximum Tower Height is thirty-five (35) feet for a non wooden
structure and eighty (80) feet for a wooden pole.
3. Standards for Location
Class I Communication Tower to be located on a mountain ridge or
mountain peak within Nelson County shall be reviewed as a Class II
Communication Tower.
No site plan review application for a Communication Tower to be
located within the Viewshed of the Blue Ridge Parkway (BRP) shall be
submitted without first notifying the BRP Community Planner in writing
at 400 BB&T Bldg., Asheville, North Carolina, 28801. Such notice: 1)
shall be sent by certified mail, return receipt requested; 2) shall state the
location of the proposed Communication Tower; 3) shall describe the
proposed Communication Tower (including Tower Height) and proposed
Antennas; and 4) shall request that the Community Planner comment on
the proposed Communications Tower in writing. Comments received from
the BRP Community Planner shall be submitted with the site plan review
application.
In the event the BRP Community Planner does not provide written
comments within 45 days of receiving the applicant’s notification, a site
plan review application may be submitted with evidence that the notice
was sent.
4. Standards for Construction
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a. All types of Class I Communication Towers shall be constructed to meet all
requirements of federal, state, and local government regulations and EIA and
ANSI standards.
b. All construction plans for a Communication Tower structure and auxiliary
structures shall be approved by the Nelson County Building and Inspections
Department. The proper building and inspection permit(s) shall be issued before
construction begins. No building permit(s) will be issued until a Class I
Communication Tower has been registered with the Nelson County Director of
Planning.
c. The Director of Planning may request an independent engineer to review the
design and construction plans to ensure safety in design for the specific conditions
in Nelson County and to verify that the proposed site is the only site where the
tower can be located. The cost of this review shall be paid by the applicant(s).
5. Registration Requirements
a. The name of the property owner(s) of the proposed site location, the address,
the telephone number, the tax parcel ID number of the location, a copy of the
section of the 1:24,000 USGS quadrangle showing the proposed site and a
schematic site plan showing the Communication Tower site, auxiliary buildings
and other buildings on the site.
b. The owner(s) of the proposed Communication Tower shall be insured and if
requested show proof of liability insurance.
c. The proposed Tower Height of the Communication Tower.
d. The proposed safety measure(s) at the base of the Communication Tower for
the safety and welfare of the public.
e. A sign measuring six square feet or less, clearly visible, identifying the
owner(s) and operator(s) of the Communication Tower site and a local or toll free
emergency phone number for each. The sign shall be posted at the entrance to the
proposed Communication Tower site. This provision may be waived by the
Director of Planning.
f. No Communication Tower shall be used for the purpose of advertising in any
form.
6. Approval
The Director of Planning shall act on the completed Class I Communication
Tower application within three (3) weeks of submittal to the Director of Planning.
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If the Director of Planning fails to act within this specified time period, the Class I
Communication Tower permit application shall be deemed approved.
7. Fees
An initial Class I Communication Tower registration fee shall be set by the Board
of Supervisors. The fee shall be paid at the time of application submitted to the
Director of Planning.
E. General Regulations for Class II Communications Towers
1. Process for Class II Communication Towers
All Communications Towers categorized by the Director of Planning as a Class II
Communication Tower are subject to the following minimum standards:
2. Standards for Height.
The maximum Tower Height is ninety-five (95) feet.
3. Standards for Location.
a. Sufficient land shall be acquired for all Class II Communication Tower sites to
contain any ice or debris that happens to fall from the tower, antenna, or guy
wires. The minimum distance from the tower’s base to the property line shall be
equal to one hundred twenty-five (125) percent of the Tower Height.
b. No new tower shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of Planning Commission that there are no public lands i.e.
federal, state, or local and that no existing tower or structure can accommodate
the applicant’s proposed antenna. Evidence submitted to demonstrate that no
public lands, existing tower or structure can accommodate the applicant’s
proposed antenna may consist of any of the following:
1. No public lands, existing towers or structures are located within the
geographic area required to meet applicant’s engineering requirements.
2. Existing towers or structures are not of sufficient height to meet
applicant’s engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to
support applicant’s proposed antenna and related equipment.
4. The applicant’s proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the
antenna on the existing tower or structure would cause interference with
the applicant’s proposed antenna.
5. The fees, costs, or contractual provisions required by the owner in order
to share an existing tower or structure or to adapt an existing tower or
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structure for sharing are unreasonable. Costs exceeding the cost of new
tower development are presumed to be unreasonable.
6. The applicant clearly demonstrates other limiting factors that render
existing towers and structures unsuitable.
c. Any Class II Communication Tower located on any mountain ridge or
mountain peak within Nelson County shall not have a Tower Height greater than
thirty (30) feet over the Existing Vegetative Canopy located on that site-specific
location. If no vegetation exists on the proposed mountain ridge or peak, then the
maximum Tower Height shall be thirty-five (35) feet. Landscape measures shall
be taken to ensure total and complete visual concealment of the security fence and
auxiliary buildings.
d. No site plan review application for a Communication Tower to be located
within the Viewshed of the Blue Ridge Parkway (BRP) shall be submitted without
first notifying the BRP Community Planner in writing at 400 BB&T Bldg.,
Asheville, North Carolina, 28801. Such notice: 1) shall be sent by certified mail,
return receipt requested; 2) shall state the location of the proposed
Communication Tower; 3) shall describe the proposed Communication Tower
(including Tower Height) and proposed Antennas; and 4) shall request that the
Community Planner comment on the proposed Communications Tower in
writing. Comments received from the BRP Community Planner shall be
submitted with the site plan review application. In the event the BRP Community
Planner does not provide written comments within 45 days of receiving the
applicant’s notification, a site plan review application may be submitted with
evidence that the notice was sent.
e. No Communication Tower site shall be located within the viewshed of a
designated Scenic By-Way.
f. Nelson County shall be provided reasonable access to the Communication
Tower site for the purpose of ensuring compliance with this ordinance.
4. Service Area Standards
The applicant must submit documentation clearly demonstrating that the
Communication Tower site will provide service for Nelson County. Documentation
must be submitted detailing the service area of the Communication Tower Site, and
all other sites considered.
The Planning Commission may refer this documentation to a telecommunication
consultant for verification that the site selected is an appropriate site to provide
reasonable communication service to Nelson County and to locate other
alternative sites for consideration. The applicant will be responsible for the cost of
this review.
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5. Standards for Construction.
a. The Class II Communication Towers shall meet all requirements of federal,
state, and local government regulations and EIA and ANSI standards. The Nelson
County Director of Planning may request, at the applicants expense, an
independent engineer to confirm the safety of the tower.
b All plans for Communication Tower structures and auxiliary structures shall be
approved by the Nelson County Building and Inspections Department. The proper
building and inspection permit(s) shall be issued before construction begins. No
building permit(s) will be issued until a Class II Communication Tower permit
from the Director of Planning has been issued to the applicant(s).
c. A Class II Communication Tower Site shall be enclosed by a chain link fence
with a minimum height of eight (8) feet unless waived by the Planning
Commission.
d. The tower shall be unlit unless required by federal regulations. In such case, the
minimum standards shall apply.
e. A light installed on the outside of the building shall be motion-activated or
turned on only when service representatives are present on the site.
f. All Class II Communication Tower applicants shall provide a current Certificate
of Insurance for general liability insurance in a form acceptable to the County
Attorney (or designated legal representative for the County) for a minimum
amount of one million dollars ($1,000,000). This requirement for proof of
insurance shall be required at he beginning of the permit application process,
and again at the time of the biannual inspection.
F. General Regulations for Class III Communications Towers:
1. Process for Class III Communication Towers.
All Communications Towers categorized by the Director of Planning as a Class
III Communication Tower are subject to the following minimum standards::
2. Standards of Height.
Any Communication Tower over ninety-five (95) feet and to a maximum height
of one hundred thirty (130) feet shall require a Class III permit from the Nelson
County Board of Supervisors.
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3. Standards of Location.
See Section 20-7-2 for the required standards for location.
4. Proximity to an Existing Tower.
A Class III Communication Tower cannot be located closer than two (2) miles to
another Class III or Class II Communication Tower. This distance may be
reduced by the Board of Supervisors upon finding that the distance reduction will
not be a substantial detriment to adjacent property and that the character of the
district will not be changed.
5. Service Area Standards.
See Section E.4 for service area standards.
6. Standards for Construction.
See Section E.5 for standards for construction.
G. Supplemental Site Plan Requirements for Communications Towers:
Site plans for Class II and Class III Communications Towers shall be prepared,
submitted, processed, reviewed and presented for public meetings in the same fashion as
that provided for in the site plan regulations in this ordinance, provided that the following
additional submission requirements and regulations for site plans shall apply:
1. The name of the licensed professional who prepared the design of the site, the
address, telephone number of the professional, and the address, telephone number
of the company owning or operating the Communication Tower(s).
2. The name of the property owner(s) of the proposed site location, the address,
telephone number, the parcel ID number of the location, a copy of the section of
the 1:24,000 USGS quadrangle showing the proposed site.
3. All existing facilities and infrastructure, including all overhead and
underground power lines, federal, state, and local roads, any water courses
including perennial streams and any existing communications equipment on the
property.
4. The Communication Tower site plan shall comply with the site plan
regulations, the subdivision ordinance and all other applicable regulations of
Nelson County.
5. A sign measuring 6 square feet or less, clearly visible, identifying the owner(s)
and operator(s) of the Communication Tower site and a local or toll free
emergency phone number for each. The sign shall be posted at the entrance to the
proposed Communication Tower site unless the Nelson County Director of
Planning waives this request.
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6. No Communication Tower shall be used for the purpose of advertising in any
form.
7. Photographs taken from all four sides of the site with the proposed tower
structure superimposed to scale onto the picture.
8. Maps showing the service area for the Communication Tower.
9. Detailed information must be submitted on all alternative sites considered and
reasons why each was rejected.
10. Security Fencing. Towers shall be enclosed by security fencing not less than
eight (8) feet in height and shall also be equipped with an appropriate anticlimbing device: provided, however, that Nelson County may
waive
such
requirements, as it deems appropriate.
11. Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a Class II or Class III Communication Tower
permit is required; provided, however, that Nelson County may waive such
requirements if the goals of this ordinance would be better served thereby.
a. Tower facilities shall be landscaped with a buffer of plant materials that
effectively screens the view of the support buildings form adjacent
property. The standard buffer shall consist of a landscaped strip at least
four (4) feet wide outside the perimeter of the facilities.
b. In locations in which the Nelson County Planning Commission finds
that the visual impact of the tower would be minimal, the landscaping
requirement may be reduced or waived altogether.
c. Existing mature tree growth and natural land forms on the site shall be
preserved to the maximum extent possible. In some cases, such as towers
sited on large, wooded lots, Nelson County may determine the natural
growth around the property perimeter maybe sufficient buffer.
d. Existing trees within 200 feet of the tower shall not be removed except
as may be authorized to permit construction of the tower and installation
of access for vehicles and utilities. This provision may be waived by
Nelson County Planning Commission in a particular case.
12. Additional information may be requested as determined by the Director of
Planning.
H. Architectural Requirements
Communication Towers
for
Class
II
and
Class
III
The Class II or Class III Communication Tower architectural design plan shall be
prepared by a registered engineer and contain the following information:
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1. The name, address and telephone number of the structural engineer or architect
responsible for the design and structural elements of the communication tower
structure and foundation.
2. A design plan showing the Communication Tower, base, and the foundations
for all guy-line anchors and support structures, all proposed auxiliary buildings
and any other proposed improvements, including the utilities connections within
and to the proposed site.
3. Engineering or construction methods for all antennas to be located on the
proposed Communication Tower.
4. A statement that the Communication Tower meets requirements of federal,
state, and local government regulations and ANSI and EIAA standards.
I. Factors Considered in Class II and Class III Communication Tower
Permit Review
The applicant shall obtain a Class II or Class III, as applicable, Communication Tower
permit from Planning Commission before erecting towers or antennas covered by this
section. Nelson County Planning Commission shall consider the following factors in
determining whether to issue a Communication Tower permit:
1. Height of the proposed tower or pole;
2. Proximity of the tower or pole to residential structures and residential district
boundaries;
3. Nature of the uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and foliage;
6. Design of the tower or pole, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
7. Proposed ingress and egress;
8. Applicants co-location policy;
9. Language of the lease agreement dealing with co-location;
10. Consistency with the comprehensive plan and the purpose set for in Section 20-2;
11. Availability of suitable public property, existing towers and other structures; and
12. Proximity to commercial or private airports and heliports.
J. Review Process for Class II and Class III Communication Towers
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The Nelson County Planning Commission shall act on the Class II and Class III
Communication Tower site plan, and the tower architectural design plan, at a public
hearing after notice as required by the Code of Virginia as amended, within sixty (60)
days upon receipt of a complete application. This time period may be extended for a
period of sixty (60) days or less, providing both parties agree to the extension. Upon
approval of both plans, the Planning Commission shall submit the documents, with any
necessary modifications, back to the Director of Planning who shall issue the appropriate
permit(s). In the event the Planning Commission fails to act on the Class II or Class III
Communication Tower permit application within the specified time period, or the agreed
upon extended time period, the application shall be deemed approved.
K. Fees for Class II and III Communication Towers
1. A Class II or Class III Communication Tower application permit fee(s) shall
be established and amended from time to time by the Board of Supervisors. A
schedule of fees may be provided by the Director of Planning. The fee(s) shall be
paid at the time the application is submitted to the Nelson County Planning
Department.
2. A biannual inspection by the Nelson County Planning Department may be
conducted to assure compliance with this ordinance. The Director of Planning
shall notify the permittees at least two weeks in advance of a scheduled biannual
inspection. The permittee shall pay an inspection fee as set by the Board of
Supervisors. During the biannual inspection, the permittee will discuss with the
Planning Director the company’s plans for providing communication services
within the County for the next two years, possible site locations, new technology,
any changes to existing facilities, etc.
3. In the case of co-location, only the entity that owns and operates the Class II or
Class III Communication Tower shall be responsible for the inspection fee.
4. Prior to issuance of a Class II or Class III Communication Tower Permit, the
applicant must submit to the Director of Planning a performance bond with
security, work escrow, irrevocable letter of credit, and any combination thereof or
other such legal arrangement acceptable to the County Attorney to ensure removal
of the Communication Tower when it is no longer used as cited in Section 20-12
of this ordinance. The Director of Planning shall determine the amount of the
security request, with the minimum amount equaling the installation cost of the
Communication Tower.
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L. Security
1. Prior to issuance of a Class I, II or Class III Communication Tower Permit,
the applicant must submit to the Director of Planning a performance bond
with security, work escrow, irrevocable letter of credit, and any combination
thereof or other such as legal arrangement acceptable to the County Attorney
to ensure removal of the Communication Tower when it is no longer used as
cited in Section 20-12 of this ordinance.
2. The Director of Planning shall determine the amount of the security request,
with the minimum amount equaling the installation cost of the Communication
Tower.
M. Registration of Existing Communication Towers
1. Any existing Communication Tower or antenna that is categorized as a Class I,
Class II, or Class III Communication Tower shall be required, within ninety (90)
days of the adoption of this ordinance, to file a registration form with the Director
of Planning.
2. Any material addition, alteration, or change to an existing Communication
Tower (e.g., the support structure, number of attachments, or height) shall
constitute a significant change and the Communication Tower then shall be
subject to the Communications Tower Ordinance. The Communication Tower
shall be brought into compliance with the standards and criteria set forth in this
ordinance, and shall be submitted to the Director of Planning for categorization
and approval. If the established, existing Communication Tower is removed to
erect a new Communication Tower, the new Communication Tower shall be
subject to this ordinance.
3. Any applicable fee(s), set by the Board of Supervisors shall be paid to the
Director of Planning at the time of registration.
4. Failure to register an existing Communication Tower shall be a direct violation
of this ordinance.
N. Amendments to Communication Tower Permits
If it becomes necessary for an approved Communication Tower Permit to be changed or
altered in such a fashion that may include adding additional antennas, buildings, or other
change that would impact the visibility and esthetics related to the approval of the
original permit, the Director of Planning shall, upon applicant’s request, either:
1. administratively approve an amendment to the Communication Tower
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permit or,
2. if the proposed change will in the Director’s opinion substantially affect the
terms of the original approval, require that a new Communication Tower
application be submitted for review and action in accordance with provisions of
this ordinance.
O. Abandonment
If the permitted use of any Communication Tower ceases for a period of twelve (12)
consecutive months, the tower owner and/or property owner shall have ninety (90) days
in which to dismantle and remove the entire Communication Tower from the existing
site.
P. Special Exception
The Board of Supervisors may grant a special exception to the location and height
regulations contained in this chapter subject to the following standards:
1. No such special exception shall be authorized by the Board unless it finds:
a. that the strict application of this ordinance would produce undue
hardship;
b. that such hardship is not shared generally by other wireless
communication providers in the county and the same vicinity; and
c. that the authorization of such variance will not be of substantial
detriment to adjacent property and that the character of the district will not
be changed by granting of the variance.
2. No such special exception shall be authorized except after notice and hearing as
required by Section 15.1-431 of the Code of Virginia, as amended.
3. In authorizing a special exception, the Board may impose such conditions
regarding the location, character and other features of the proposed
Communication Tower as it may deem necessary in the public interest and,
further, may require a guarantee or bond to insure that the conditions imposed are
being and will continue to meet compliance and imposed conditions.
Q. Penalties for Violations
Penalties for violations may be imposed under the applicable standards and criteria
included in this ordinance and other laws of Nelson County and the State of Virginia.
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R. Authority of Director of Planning
In addition to the foregoing, the Director of Planning shall have all necessary authority on
behalf of the governing body to administer and enforce the Communication Tower
regulations, including the ordering in writing of the remedy of any condition found in
violation of the ordinance, and the bringing of legal action to insure compliance with the
ordinance, including injunction, abatement or other appropriate action or proceeding.
S. Appeals
1. The property owner, the applicant or any aggrieved person may appeal a final
decision of the Director of Planning to the Planning Commission by filing a
written notice of appeal within ten (10) days of the date of the Director’s decision.
2. The property owner, the Director of Planning, applicant, or any aggrieved
person may appeal a final decision of the Planning Commission to the Board of
Supervisors by filing a written notice of appeal within fifteen (15) days of the
Planning Commission’s decision.
3. A final decision of the Board of Supervisors may be appealed to the Circuit
Court of the County of Nelson, by the owner of the property, the applicant, or
aggrieved person. The appealing party shall file a petition at law or in equity,
setting forth the alleged illegality of the action taken. Any appeal shall be filed
within thirty (30) days after the final decision has been rendered by the Board of
Supervisors. Such filing shall stay the decision appealed pending a final court
order.
T. Severability
Should any section or provision of the Communication Tower Ordinance be decided by a
court of competent jurisdiction to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole or a part thereof other than the part so
declared to be unconstitutional or invalid.
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Chapter 16
Definitions
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Chapter 16: Definitions
A. Interpretations:
For the purpose of this ordinance, certain words and terms are to be interpreted as
follows:
1. Words used in the present tense can include the future; words used in the
masculine gender can include the feminine and neuter; words in the singular
number can include the plural; and words in the plural can include the singular,
unless the obvious construction of the wording indicates otherwise.
2. The word “shall” is mandatory. The word “may” is permissive.
3. Unless otherwise specified, all distances shall be measured horizontally and at
right angles to the line in relation to which the distance is specified.
4. The word “building” includes the word structure, and the word “structure”
includes the word building; the word “lot” includes the word plot; the word
“used” shall be deemed also to include designed, intended, or arranged to be used;
the term “erected” shall be deemed also to include constructed, reconstructed,
altered, placed, relocated or removed.
5. The terms “land use” and “use of land” shall be deemed also to include
building use and use of building.
6. The word “adjacent” means nearby and not necessarily contiguous.
7. The word “contiguous” means touching and sharing a common point or line.
8. The definitions included in this chapter do not include all defined words in this
ordinance or the subdivision ordinance. Other chapters of this ordinance may
contain definitions of words and concepts that are specifically applicable to the
subjects contained in that chapter.
B. Definitions
As used in this article, the following terms or words shall have meanings given below
unless the context requires otherwise.
Accessory: As applied to use or structure, means customarily subordinate or incidental to
the primary use or structure, and on the premises of such primary use or structure. The
phrase “on the premises of” means on the same lot or on the contiguous lot in the same
ownership.
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Accessory apartment dwelling unit: A residential apartment which is incidental and
subordinate to a single family detached residence for the purpose of accommodating not
more than two (2) occupants and as further defined in the Ordinance.
Accessory use: A use which is clearly incidental and subordinate to or customarily found
in connection with and (except where otherwise provided in the Ordinance) is located on
the same lot as the principal use on the premises.
Acre: A measure of land equating to 43,560 square feet.
Acreage: A parcel of land, regardless of area, described by metes and bounds and not a
lot of any recorded subdivision plat.
Addition: Any construction which increases the area of cubic content of a building or
structure. The construction of walls which serve to enclose any portion of an existing
structure, such as a porch, shall be deemed an addition within the meaning of the chapter.
Administrator: The Planning Director, as designated by resolution of the Board of
Supervisors, who shall administer this ordinance on behalf of the Planning Commission
and the Board of Supervisors.
Adult day care center: A building or structure where care, protection and supervision
are provided on a regular schedule for disabled adult persons and senior citizens for less
than 24 hours per day.
Adult entertainment establishment: An establishment consisting of, including, or
having the characteristics of any of the following:
Adult Bookstore: An establishment having as a substantial or significant portion of its
stock in trade books, magazines, publications, tapes or films that are distinguished or
characterized by their emphasis on matter depicting, describing or relating to sexual
activities
Adult Cabaret: (a.) An establishment devoted to adult entertainment, either with
or without a liquor license, presenting material distinguished or characterized by their
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emphasis on matter depicting, describing or relating to sexual activities; (b) a cabaret
that features topless or bottomless dancers, go-go dancers, strippers or similar
entertainers for observation by patrons.
Adult Motion Picture or Mini Motion Picture Theater: An enclosed building used for
presenting material distinguished or characterized by an emphasis on matter depicting,
describing or relating to sexual activities
Alley: A public or private way less than 30’ in width intended for vehicular traffic and
designed to give access to the side and rear of properties whose principal frontage is on a
street.
Alteration: Any material change in the architectural features of a structure and its
surrounding site including, but not limited to, additions and removals, change in use,
substantial landscaping and any subdivision. Modifications classified as ordinary
repairare excluded from this definition.
Amusement arcade: Establishments in which a principal use is the operation of video,
mechanical, electronic and/or coin operated games and/or devices for the amusement of
the general public.
Amusement machines: Any video, mechanical, electronic and/or coin operated game
and/or device for the amusement of patrons. This definition shall not be constructed to
include coin operated music players, coin operated mechanical children’s rides or coin
operated television.
Animal shelter: As differentiated from a Kennel as defined herein, any place designated
to provide for the temporary accommodation of five (5) or more common, unowned
household pets until appropriate disposition of such pets can be effectuated.
Apartment: See Dwelling, Multiple family.
Architect: A professional who is registered with the State Department of Professional
and Occupational Registration as an architect.
Attached residential buildings: A row of two (2) or more dwelling units, separated from
one another by continuous vertical wall(s) without opening from basement floor to roof,
with each unit located on a separate lot of record. Townhouses are included in this
category.
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Automobile and/or trailer sales area: An open space, other than a street or required
automobile parking space, used for display or sale of new or used automobiles or trailers
and where no repair work is done.
Automobile salvage yard: Any lot or place which is exposed to the weather and upon
which more than three (3) motor vehicles of any kind incapable of being licensed or
operated on the highways are placed, located or found.
Average daily traffic (ADT): Total volume of traffic during a given period of time (in
whole days greater than one day and less than one year) divided by the number of days in
that time period.
Bank: See Financial institution.
Base Flood: See Flood. Also, refer to the FP-O District regulations for additional
definitions related to floodplains, floodways, flood fringes, and other words related to the
floodplain regulations.
Base Flood Elevation: The highest height, expressed in feet above sea level of
floodwaters occurring in regulatory base flood.
Basement: That portion of a building partly underground, having at least one-half of its
height above the average adjoining grade. A basement shall be termed a cellar when more
than one-half of its height is below the average adjoining grade. A basement or cellar
shall be counted as a story only if the vertical distance from the average adjoining grade
to the ceiling is over five (5) feet.
Bed and breakfast lodging: A single family dwelling, occupied by its owner or operator,
containing sleeping and breakfast accommodations as an accessory use to the principal
use as a private residence. Such lodging shall have no more than eight (8) room
accommodations for transient persons and wherein a charge is normally paid for such
accommodations.
Berm: A landscaped earthen mound intended to screen, buffer, mitigate noise and
generally enhance views of parking areas, storage areas or required yards particularly
from public streets or adjacent land uses.
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Block: That land abutting on one side of a street extending to the rear lot lines, or for
parcels of land extending through to another street, to a line midway between the two (2)
streets and lying between the two (2) nearest intersecting and intercepting streets or
between the nearest intersecting or intercepting street and the boundary of any railroad
right-of-way, park, school ground or non-subdivided acreage or center line of any
drainage channel twenty (20) feet or more in width.
Board: The Board of Zoning Appeals of the County of Nelson.
Boardinghouse: A single detached dwelling where the property owner, after obtaining a
boardinghouse permit and license from the County of Nelson, must reside on the
premises, and where for compensation and by prearrangement for definite periods,
lodging and/or meals shall be provided for not more than four (4) persons not of the same
family. Operation of a boarding or rooming house shall not be deemed a home
occupation. There shall be no more than one (1) boarding or rooming house on each
recorded lot.
Buffer or screening: Any device or natural growth, or a combination thereof, which
shall serve as a barrier to vision, light, or noise between adjoining properties, wherever
required by this ordinance and further defined herein.
Buildable area: The portion of a lot remaining after required yards and open space
requirements have been provided and sensitive environmental factors have been applied.
Building: Any structure having a roof supported by columns or walls and intended for
the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or
materials of any kind.
Building footprint: The area on the ground surface covered by the building.
Building front: That one (1) face or wall of a building which is architecturally designed
as the front of the building, which normally contains the main entrance(s) for use by the
general public.
Building height: See Height, building.
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Building, rear: That portion of a building which is, by either service area, secondary
entry and egress or the facade directly opposite the front facade of the structure; the
reverse frontage of the building.
Bulk regulations: Regulations controlling the size of structures and the relationship of
structures and uses to each other and to open areas and lot lines. Bulk regulations include
provisions controlling: (a) maximum building height; (b) maximum floor area ratio; and
( ) minimum yard requirement.
Car wash: A commercial establishment whose structure, or portion thereof, contains
facilities for washing motor vehicles, using production-line, automated or semiautomated methods for washing, whether or not employing a chain conveyor, blower,
steamcleaning or similar mechanical device, and whose primary use is for the purpose of
washing motor vehicles for a stipulated fee.
Carport: Any space outside a building, wholly or partly covered by a roof, and used for
the shelter of parked motor vehicles. A carport may be attached or freestanding and is to
be enclosed on no more than three sides. Carports shall be considered accessory
structures.
Cemetery: Property used for the interring of the dead, in which mausoleums may be
utilized.
Center line: A line lying midway between the side lines of a street or alley right-of-way
as measured in the horizontal plane.
Child care center: A regularly operating service arrangement for two (2) or more
children under the age of thirteen (13) where, during the absence of a parent or guardian,
a person or organization has agreed to assume responsibility for the supervision,
protection and well-being of a child for less than a twenty-four (24) hour period, in a
facility that is not the residence of the provider or of any of the children in care.
Church or place of religious worship: A building whose primary use is for the
assembly of persons for religious worship and instruction. The religious facility may
include offices, classrooms, parlors and meeting rooms for religious purposes.
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Clinic: An establishment where patients who are not lodged overnight are admitted for
examination and treatment by physicians practicing medicine, dentistry or psychiatric
treatment.
Cluster subdivision: An alternate means of subdividing a lot premised on the concept of
reducing lot size, yard and bulk requirements in return for the provision of common open
space and recreational improvements within the development. Cluster subdivisions are
often permitted at higher net densities in comparison to conventional developments, but
also leave more open space by reducing lot sizes.
Commercial use: An occupation, employment, enterprise or activity involves the sale of
goods and/or services that is carried on for profit or charitable not for profit purposes by
the owner, lessee or licensee.
Commission: The Planning Commission of the County of Nelson.
Communication Towers and Antennae: A structure or structures designed and
established for the passage of information from a sender to one or more receivers in a
usable form, such as printed copy, fixed or moving pictures, and visible or audible
signals, by means of any electromagnetic system, such as electrical transmission by wire
or radio. This includes such uses as telegraphy, telephone, radio and television
broadcasting; and as otherwise defined and regulated in Chapter15, Communication
Towers Regulations.
Community center: A building and grounds used for recreational, social, educational
and cultural activities, open to the public or a portion of the public, owned and operated
by a public or private not-for-profit group or agency. The activities may involve the sale
of limited good and/or services, subject a minor site plan approval by the County and
any additional conditions that may be imposed to such sales of goods and services by the
Planning Director. The sale of good and services may be carried out on a for-profit basis
or for charitable not-for-profit purposes by the owner or the owner’s approved lessee or
licensee, provided that the relationship of the lessee or licensee relationship to the owner
serves to promulgate the mission of the community center.
Comprehensive plan: The official document or elements thereof, adopted by the Board
of Supervisors and intended to guide the physical development of the County or a portion
thereof. Such plan, including maps, plats, charts, policy statement and/or descriptive
material shall be that adopted in accordance with Section 15.2-2223 of the Code of
Virginia.
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Condominium: Real property and any incidentals thereto or interests therein which have
been or are to be lawfully established as such under the Virginia Condominium Act.
Congregate care facility: a structure other than a single-family dwelling where more
than four (4) unrelated persons reside under supervision for special care, treatment,
training or similar purposes on a temporary or permanent basis.
Contractor’s offices and shops: Establishments for the installation and servicing of such
items as air conditioners, electrical equipment, flooring, heating, painting, plumbing,
roofing, tiling and ventilating, as well as, those areas established to manage such
operations.
Convenience store: A small retail establishment offering for sale purchased food
products, household items, newspaper and magazines, and sandwiches and other prepared
foods for off-site consumption. Such establishments, typically serve a small market area
(i.e. neighborhood) and should be designed at a size and scale that is compatible with the
surrounding community.
Corporate Training Facility: A commercial facility in which are offered instructional
program addressing organizational leadership and fostering organizational cohesiveness.
Such facility may include lodging, dining and recreational amenities for those in
attendance.
Cul-de-sac: A local street, one end of which is closed and consists of a circular
turnaround. A “cul de sac” is distinguished from the terms “roundabout” and “rotary”.
Curb grade: The elevation of the established curb in front of the building measured at
the midpoint of such frontage. Where no curb exists, the County engineer shall establish
such curb grade for the existing or proposed street in accordance with the existing street
grading plans of the County.
Curb line: The face of a curb along private streets, travel ways, service drives and/or
parking bays / lots.
Day care facility (adult or child): See Adult day care center and Child care center
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Demolition: The complete or substantial removal of any structure or external element of
any structure.
Density: The number of dwelling units per acre in a development.
Developer: The legal or beneficial owner or owners of all the land proposed to be
included in a given development, or the authorized agent thereof. In addition, the holder
of an option or contract to purchase, a lessee having a remaining term of not less than
thirty (30) years, or other persons having an enforceable proprietary interest in such land
shall be deemed to be a developer for the purpose of this ordinance.
Development: The division of land, or construction or substantial alteration of
residential, commercial, industrial, institutional, recreational, transportation or utility
facilities or structures.
Development plan, generalized: A required submission at the time of filing for an
amendment to the Official Zoning Map for any and all zoning districts, to be prepared
and approved in accordance with the provisions of this ordinance, and which generally
characterizes the proposed development of the subject lot or property.
Dinner Theater: Establishment where a motion picture or theatrical production is
viewed, while eating a sit down dinner.
District (or zoning district): Any designated geographical section of Nelson County in
which the regulations governing the use of the buildings and premises, the heights of
building, the size of yards and the intensity of the use are uniform.
Drive-in bank: Any financial institution which offers its services to persons within a
motor vehicle.
Drive-in-theater: An open lot devoted primarily to the showing of motion pictures or
theatrical productions on a paid admission basis to patrons seated in automobiles.
Drive-thru service: An establishment that by design, physical facilities, service, or by
packaging procedures encourages or permits customers to receive services or obtain
goods, while remaining in their motor vehicles.
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Driveway: That space or area of a lot that is specifically designated and reserved for the
movement of motor vehicles within the lot from one site to another or from the lot to a
public street.
Duplex: A building located on one (1) zoning lot containing not more than two (2)
dwelling units, arranged one above the other or side by side, and occupied by not more
than two (2) families.
Dustless surface: A surface adequately covered in accordance with good practice with a
minimum of either two (2) applications of bituminous surface treatment, concrete,
bituminous concrete or equivalent paving material approved by the County Engineer, and
to be maintained in good condition at all times.
Dwelling: A building or portion thereof, designed or used exclusively for residential
occupancy. The term “dwelling” shall not be construed to mean a boat, trailer, mobile
home, motor home, manufactured home, motel, rooming house, hospital or other
accommodation used for transient occupancy.
Dwelling, manufactured home: A single family residential structure subject to federal
regulation (the National Manufactured Housing Construction and Safety Standards Act,
42 U.S.C. 5401 et seq.) with all of the following characteristics: (a) built on a permanent
chassis; (b) designed to be transported in one or more sections after factory fabrication on
detachable wheels or on a flat bed or other trailer; ( c ) consisting of eight (8) body feet or
more in width and forty (40) body feet or more in length in the traveling mode or cover
three hundred and twenty (320) or more square feet when erected on site; (d) designed for
long-term human occupancy and containing sleeping accommodations, a flush toilet, a
tub or shower, bath and kitchen facilities with plumbing and electrical connections
provided for attachment to outside systems; (e) ready for occupancy upon the arrival at
the intended site except for minor and incidental unpacking and assembly operations; (f)
may be placed on either an impermanent or permanent concrete foundation with
appropriate connection to utilities, and the like; and (g) designed for removal to and
installation or erection on other sites. A manufactured home may include one (1) or more
units, separately towable, which when joined together shall have the characteristics as
described above. For the purpose of this ordinance, a manufactured home shall not be
deemed a Single family detached dwelling.
Dwelling, mobile home: See Dwelling, manufactured home.
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Dwelling, modular unit: A factory-fabricated transportable building designed to be used
by itself or to be incorporated with similar units at a building site into a modular structure
that will be a finished building placed in a fixed location on a permanent foundation (i.e.,
conventional basement or crawl space foundation) incorporating a system of supports,
including piers. The term is intended to apply to major assemblies, and does not include
prefabricated panels, trusses, plumbing trees and other prefabricated sub elements
incorporated into a structure at the site. For the purpose of this ordinance, a modular unit
shall be deemed a Single family dwelling and shall not be deemed a Manufactured home.
Dwelling, multiple family: A dwelling unit within a residential building containing three
(3) or more separate dwelling units located on a single lot or parcel of ground. A multiple
family dwelling, commonly known as an apartment building, generally has a common
outside entrance(s) for all the dwelling units, and the units are generally designed to
occupy a single floor one above another. For the purpose of this ordinance, a multiple
family dwelling shall not be construed to mean a Single family attached dwelling as
defined herein.
Dwelling, single family: A residential building containing only one (1) Dwelling Unit
and not occupied by more than one (1) family.
Dwelling, single family attached: A group of two (2) or more single family dwelling
units which are generally joined to one another by a common party wall, a common
floor/ceiling and/or connecting permanent structures such as breezeways, carports,
garages or screening fences or walls, whether or not such a group is located on a single
parcel of ground or on adjoining individual lots. Each unit on a lot shall have its own
outside entrance(s); architectural facades or treatment of materials shall be varied from
one unit to another; and no more than two (2) abutting units in a row shall have the same
rear and front setbacks, with a minimum setback offset being two and one half (2 ½) feet
unless otherwise approved by the Planning Director. For the purpose of this ordinance,
dwellings such as a semidetached, garden court dwelling, patio house, zero lot line
dwelling, townhouse, duplex and two-family dwelling shall be deemed a single family
attached dwelling.
Dwelling, single family detached: A single family dwelling unit which is entirely
surrounded by open space or yards on the same lot. Such dwelling unit may include rental
space for occupancy by not more than two (2) persons unrelated to the resident family,
provided that such rental space does not include separate kitchen facilities or a separate
entrance for the exclusive use of the renters.
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Dwelling, townhouse: One (1) of a series of three (3) or more attached dwelling units
separated from one another by continuous vertical party walls without openings from
basement floor to roof.
Dwelling unit: One (1) or more rooms in a residential building or residential portion of a
building which are arranged, designed, used or intended for use as a complete,
independent living facility for one (1) family, and which include permanent provisions
for living, sleeping, eating, cooking and sanitation.
Easement: A right created by an express or implied agreement of one (1) owner of land
to make lawful and beneficial use of the land of another for a special purpose not
inconsistent with any other uses already being made of the land.
Engineer: A professional who is registered with the State Department of Professional
and Occupational Registration as a professional engineer.
Facade: The exterior walls of a building exposed to public view or that wall viewed by
persons not within the building.
Family:
(1) One (1) person or two (2) or more persons related by blood, adoption, marriage or
guardianship living together as a single housekeeping unit with no more than two (2)
boarders;
(2) or a group of not more than five (5) unrelated persons living together as a single
housekeeping unit;
(3) or in accordance with section 15.2-2291 of the Code of Virginia, 1950, as amended. A
residential facility in which not more than eight (8) mentally ill, mentally retarded, or
developmentally disabled persons reside, with one (1) or more resident counselors or
other staff persons; and where the Department of Mental Health, Mental Retardation and
Substance Abuse Services is the licensing authority pursuant to the Code of Virginia,
1950, as amended; and where mental illness and developmental disability shall not
include current illegal drug use or addiction to a controlled substance as defined in
Section 54.1-3401 of the Code of Virginia, 1950, as amended.
Family day home: A child day program offered in the residence of the provider or the
home of any of the children in care for one (1) through twelve (12) children under the age
of thirteen (13), exclusive of the provider’s own children and any children who reside in
the home, when at least one (1) child receives care for compensation.
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Fast food restaurant: Any establishment which provides as a principal use wrapped
and/or packaged food and drink which is ready for consumption, either on or off-the
premises.
Fence: An artificially constructed barrier of any material or combination of materials
erected to enclose, screen or separate areas.
Financial institution: Any building where the primary occupation is concerned with
such State regulated businesses as banking, savings and loans, loan companies and
investment/securities companies. However, for the purpose of this ordinance, any
financial institution having a drive-in window(s) shall be deemed a Drive-in bank as
defined herein.
Flood (100-Year) or Base flood: The flood having a one percent chance of being
equaled or exceeded in any given year. Floodplain: All land areas in and adjacent to
streams and water courses subject to continuous or periodic inundation from flood events
as designated by the United States Department of Housing and Urban Development
(HUD), or the Federal Emergency Management Agency (FEMA), and/or the United
States Geological Survey.
Floor area, gross: The sum of the total horizontal areas of all floors of all buildings on a
lot, measured from the interior faces of exterior walls. The term “gross floor area” shall
include basements; elevator shafts and stairwells at each story; floor space used for
mechanical equipment with structural headroom of six (6) feet, six (6) inches or more;
penthouses, attic space, whether or not a floor has actually been laid, providing structural
headroom of six (6) feet, six (6) inches or more; interior balconies; and mezzanines.
Floor area, net: The total floor area designed for tenant occupancy of all floors of all
buildings on a lot, measured from the center line of joint partitions to the interior faces of
exterior walls, which excludes areas designed for permanent uses such as toilets, utility
closets, corridors for pedestrian or vehicle through traffic, enclosed parking areas, meters,
rooftop mechanical structures, mechanical and equipment rooms, fire exits, stairwells,
elevators and escalators. For the purposes of this ordinance, the term “net floor area”
shall not include outdoor display areas for the sale, rental and display of recreational
vehicles, boats and boating equipment, trailers, horticultural items, farm or garden
equipment and other similar products.
Floor area ratio: The ratio determined by dividing the gross floor area of all buildings
on a lot by the area of that lot.
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Frontage: That side of a lot abutting on a street. A lot shall be deemed to have frontage
on a street if one (1) property line of a lot abuts an accessible public street right-of-way.
On corner lots the frontage may be determined by the owner, but shall be consistent with
the orientation of neighboring lots.
Funeral home: A building used for the preparation of the deceased for funeral and the
ceremonies connected therewith before burial or cremation.
Garage, private: An accessory building designed and used only for storage purposes
which is owned and/or by the occupants of the building to which it is accessory.
Garage, public: A building, or portion thereof, other than a private garage, designed or
used primarily for equipping, servicing, repairing, renting or selling motor driven
vehicles and accessories.
Garage, commercial parking or storage: A building, or portion thereof, designated or
used exclusively for the parking or storage of vehicles for a fee, but within which no
licensed and operable passenger vehicles are serviced, repaired, equipped or sold.
Geometric design: The dimensions and arrangements of the visible features of a
roadway. These include pavement widths, horizontal and vertical alignment, slopes,
channelization, interchanges, and other features the design of which significantly affects
traffic operation, safety and capacity.
Golf course: Land, whether publicly or privately owned, on which the game of golf is
played, including accessory uses such as golf driving ranges and buildings customary
thereto.
Golf driving range: A practice range for hitting golf balls from a common tee-off area,
and for purposes of this ordinance, not operated in conjunction with a golf course or
country club.
Grade: A horizontal reference plane representing the average of finished ground level
adjoining a building at all exterior walls; also referred to as Grade plane.
Grade Plane: A reference plane representing the average of finished ground level
adjoining the building at exterior walls. Where the finished ground level slopes away
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from the exterior walls, the reference plane shall be established by the lowest points
within the area between the building and the lot line or, where the lot line in more than
six (6) feet from the building, between the building and a point six (6) feet from the
building.
Gross site area: The total area measured in acres within the boundaries of a given parcel
of land. See also Net developable area which is a subset of Gross site area.
Guest house: Dwelling or lodging units for a temporary or non-paying guest or guests in
an accessory building. No such quarters shall be occupied by the same guest or guests for
a period of time of more than three (3) months in any twelve (12) month period, and no
such quarters shall be rented, leased, or otherwise made available for compensation of
any kind.
Hardship, inordinate: To establish a case of “inordinate hardship,” the applicant shall
submit evidence that the strict conformance to any of the provisions of this zoning
ordinance would burden the applicant, whereby the applicant cannot make reasonable
economic use of the property due to such regulations. Such evidence may include proof
of consideration of plans for construction, attempts to sell, rent or lease the property and
information regarding annual income and expenses. Any hardship created by action of
the applicant shall not be considered in reviewing any application.
Height, building: The vertical distance from grade plane to the average height of the
highest roof surface.
Heliport: An area designed to accommodate all phases of operation of helicopters with
suitable space and facilities for a terminal, loading, unloading, service and storage of such
aircraft, to include facilities for such accessory uses as are commonly associated with an
airport terminal.
Helistop: An area designed to accommodate touch-down and lift-off of helicopters, for
the purpose of picking up and discharging passengers or cargo. Such an area shall contain
no operation facilities other than one (1) tie down space and such additional facilities as
are required by law, ordinance or regulation.
Historic area or district: An area or existing site containing buildings or places in which
historic events occurred or having special public value because of notable architectural or
other features relating to the cultural or artistic heritage of the community of such
significance as to warrant conservation and preservation.
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Historic preservation: The protection, rehabilitation and restoration of districts, sites,
buildings, structures and artifacts significant in American history, architecture,
archaeology or culture.
Homeowners association: A community association internally organized in a specific
development in which individual owners share common interests in open space or
facilities.
Home occupation: Any occupation or activity which is clearly incidental and secondary
to use of the premises for dwelling and which is carried on wholly or in part within a
main building or accessory building by a member of the family that resides on the
premises. Such use shall not change the character of the dwelling unit nor have any
exterior evidence other than a sign as provided for in the Signs chapter of this ordinance.
Hospital: Any institution receiving in-patients and rendering medical, surgical or
obstetrical care, to include general hospitals and specialized institutions in which care is
oriented to cardiac, eye, ear, nose, throat, psychiatric, pediatric, orthopedic, skin and
cancer and obstetric cases.
Hotel: See Motel
Housing: See Dwelling.
Industrial, heavy: Land use classification consisting of, but not limited to, large
manufacturing operations, heavy equipment facilities, construction and maintenance
yards, businesses which store, process or distribute fuel in containers (i.e. propane) and
other basic intensive industrial activities that typically impose significant impacts on
adjacent uses (i.e. noise, light, air, water, waste treatment and traffic generation).
Industrial, light: Land use classification consisting of, but not limited to, light
manufacturing, fabricating, processing, wholesale distributing and warehousing uses
appropriately located for access by highways. These uses are typically less intensive in
nature than heavy industrial uses and pose only minor impacts on adjacent uses (i.e.
noise, light, air, water, waste treatment and traffic generation).
Industrial park: A planned development of a tract of land with two (2) or more separate
industrial buildings. Such development is planned, designed, constructed and managed on
an integrated and coordinated basis with special attention given to on-site vehicular
circulation, parking, utility needs, building design and orientation and open space.
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Institutional home: A facility providing assisted community living for more than eight
(8) persons deemed as indigent, orphaned or the like.
Institutional use: A nonprofit corporation or a nonprofit establishment whose purpose is
of a civic, educational, charitable, religious or philanthropic nature.
ITE: Institute of Traffic Engineers.
Intentional community: A tract of developed or to be developed as a unit under single
ownership, including, but not limited to ownership by a group of people or corporation,
or unified control which is to contain three (3) or more residential dwelling units.
Junk: Dilapidated and inoperative automobiles, trucks, tractors, and other such vehicles
and parts thereof, dilapidated wagons and other kinds of vehicles and parts thereof,
discarded appliances, scrap building material, scrap contractor’s equipment, tanks, casks,
cans, barrels, boxes, drums, piping, bottles, glass, wood scraps, old iron, machinery, rags,
paper, excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste
material which is stored, kept, handled or displayed.
Junk vehicle: Any motor vehicle, trailer or semi-trailer which is either inoperable or
unfit for licensing and which by virtue of its condition may not be feasibly restored. In
addition, any vehicle may be presumed to be a junk vehicle when State inspection
stickers are not displayed or have been expired for more than ninety (90) days.
Jurisdiction: The area within the corporate boundary of the County of Nelson.
Kennel: Any place or establishment in which dogs and other small domestic animals
normally kept as pets are kept, bred, trained, boarded or handled for a fee.
Landfill: A land depository, excavation, or area operated in a controlled manner by a
person or business entity, for the dumping of debris or inert material other than clean dirt;
or a disposal site operated by means of compacting and covering solid waste at least once
a day with an approved material. This term is intended to include both debris landfills and
sanitary landfills.
Landscape Architect: Any professional who is registered with the State of Virginia’s
Department of Professional and Occupational Registration as a Landscape Architect.
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Landscaping: The improvement of a lot with grass, shrubs, trees, other vegetation and/or
ornamental objects. Landscaping may include pedestrian walks, flower beds, ornamental
objects such as fountains, statues and other similar natural and artificial objects designed
and arranged to produce an esthetically pleasing effect.
Land surveyor: Any professional who is registered with the State Department of
Professional and Occupational Registration as a Land Surveyor. 123.) Level of service: A
qualitative measure that represents the collective factors of speed, travel time, traffic
interruptions, freedom to maneuver, safety, driving comfort and convenience, and
operating costs provided by a highway facility under a particular volume conditions.
Loading space: A space, within a building or on the premises, providing for the
standing, loading or unloading of vehicles.
Lot: A parcel of land that is designated at the time of application for a rezoning, a special
permit, a special exception, a building permit, or a residential/non-residential use permit,
as a tract all of which is to be used, developed or built upon as a unit under single
ownership. A parcel of land shall be deemed to be a lot in accordance with this definition,
regardless of whether or not the boundaries thereof coincide with the boundaries of lots
or parcels as shown on any map of record.
Lot area: The total horizontal area measured in the horizontal plane included within the
lot lines of a lot.
Lot, corner: A lot at the junction of and abutting on two (2) or more intersecting streets
when the interior angle of intersection does not exceed 135 degrees. On a corner lot, all
yards lying between the principal building and the intersecting streets shall be deemed
front yards.
Lot Coverage: That portion of the lot that is covered by buildings and structures.
Lot depth: The average horizontal distance between the front and rear lot lines.
Lot, interior: Any lot, including a through lot, other than a corner lot.
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Lot line: Any boundary of a lot as defined herein. Where applicable, a lot line shall
coincide with a Street line or Right-of-way line. Where a lot line is curved, all
dimensions related to said lot line shall be based on the chord of the arc.
Lot line, front: A line which is contiguous to the street boundary of a lot; or, in the case
where a lot does not abut a street other than by its driveway, or is a through lot, that lot
line which runs generally parallel to and /or in front of the principal entrance of the main
building on the lot.
Lot line, rear: That lot line that is most distance from, and is most nearly parallel with,
the front lot line. If a rear lot line is less than ten (10) feet in length, or if the lot comes to
a point at the rear, the rear lot line shall be deemed to be a ten (10) foot line parallel to the
front lot line, lying wholly within the lot for the purpose of establishing the required
minimum rear yard.
Lot line, side: A lot line which is neither a front lot line nor a rear lot line as defined
herein.
Lot, nonconforming: An otherwise legally platted lot that does not conform to the
minimum area or width requirements prescribed in this Zoning Ordinance for the district
in which it is located, either at the effective date of the Ordinance or as a result of
subsequent amendments to the Ordinance.
Lot, pipestem: A lot approved which does not abut a public street other than by its
driveway which affords access to the lot.
Lot of record: A lot, shown upon a plan or plat, referred to in a deed, or described by
metes and bounds, which has been recorded in the Clerk’s office of the Circuit Court of
the Nelson County.
Lot, reverse frontage: A residential through or corner lot, intentionally designed so that
the front lot line faces a local street rather than facing a parallel major thoroughfare.
Lot size requirements: Restrictions on the dimensions of a lot, to include a specified
zoning district size, lot area and lot width, all established to limit the minimum size and
dimension of a lot in a given zoning district.
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Lot, through: An interior lot, but not a corner lot, abutting on two (2) or more public
streets.
Lot width: The distance between side lot lines, measured in one of the following
manners, whichever is applicable:
1. In the case of a rectangular-shaped lot, the width shall be measured along the front lot
line; or
2. In the case of an irregular-shaped lot or a curvilinear front lot line, the width shall be
measured between the lot’s narrowest dimensions at that location on the lot where the
center of the building is proposed/located.
3. In the case of a pipestem lot, the width shall be measured between the lot’s narrowest
dimensions at that location on the lot where the center of the building is
proposed/located.
Manufactured home: See Dwelling, manufactured home.
Manufacturing: The processing, fabrication, assembly, distribution or production of
goods such as, but not limited to: scientific and precision instruments, photographic
equipment, communication equipment, computation equipment, household appliance,
toys, sporting and athletic goods, glass products made of purchase glass, electric lighting
and wiring equipment, industrial controls, radio and TV receiving sets, optical goods and
electrical machinery.
Marina, commercial: A marina designed and operated for profit, or operated by any
club or organized group where hull and engine repairs, boat and accessory sales,
packaged food sales, eating establishments, personal services, fueling facilities, storage
and overnight guest facilities or any combination of these are provided.
Marina, private: A marina designed and intended to be used for mooring of boats by
residents of the general neighborhood with no commercial facilities other than those
necessary for minor servicing or repair.
Marquee: A permanent roof-like structure projecting over an entrance.
Mobile home or trailer: See Dwelling, mobile home.
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Mobile home park: Any area of twenty (20) acres or more, however designated, that is
occupied or designed for occupancy by one (1) or more manufactured homes. The term
“mobile home park” shall not include sales lots on which unoccupied mobile homes,
whether new or used, are parked for the purposes of inspection and sale.
Mini-warehouse: A building consisting of individual, small, self-contained units that are
leased for the storage of household goods, business goods or contractors’ supplies.
Motel: A building or portion thereof or a group of buildings which provide sleeping
accommodations in six (6) or more separate units or rooms for transients on a daily,
weekly, or similar short-term basis, whether such establishment is designated as a hotel,
inn, automobile court, motel, motor lodge, tourist cabin, tourist court, tourist home or
otherwise. A hotel or motel shall be deemed to include any establishment which provides
residential living accommodations for transients on a short-term basis, such as an
apartment hotel.
Nonconforming building or use: A building or use, lawfully existing on the effective
date of this ordinance or prior ordinances, which does not conform with the regulations of
the zoning district in which it is located, except as may be qualified by this ordinance.
Nursery school: A private school program operated for the purpose of providing
training, guidance, education and/or care for children below the age of compulsory school
attendance, separated from their parents or guardians during any part of the day other
than from 6pm to 6am.
Nursing home: A home for the aged, or infirm, senile, chronically ill or convalescent in
which persons not of the immediate family are received, kept or provided with food,
shelter, treatment and care for compensation, not including hospitals, clinics or similar
institutions.
Off-site: Any area outside the boundary of a lot.
Office: Any room, studio, clinic, suite or building wherein the primary use is the conduct
of a business such as accounting, correspondence, research, editing, administration or
analysis; or the conduct of a business by salesmen, sales representatives or
manufacturer’s representatives; or the conduct of a business by professionals such as
engineers, architects, land surveyors, artists, musicians, lawyers, accountants, real estate
brokers, insurance agents, dentists or physicians, urban planners and landscape architects.
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For the purpose of this ordinance, an office shall not involve manufacturing, fabrication,
production, processing, assembling, cleaning, testing, repair or storage of materials,
goods and products; or the sale and/or delivery of any materials, goods or products which
are physically located on the premises. An office shall not be deemed to include a
veterinary clinic.
On-site: That area which is within the boundary of a lot.
Open space: That area intended to provide light and air, and is designed for either scenic
or recreational purposes. Open space shall, in general, be available for entry and use by
the residents or occupants of the development, but may include a limited proportion of
space so located and treated as to enhance the amenity of the development by providing
landscaping features, screening for the benefit of the occupants or those in neighboring
areas, or a general appearance of openness. Open space shall not include driveways,
parking lots, or other vehicular surfaces, any area occupied by a building, or areas so
located or so small as to have no substantial value for the purpose stated in this definition.
Open space, common: All open space that is designed and designated for use and
enjoyment by all residents or occupants of the development or by the residents or
occupants of a designated portion of the development. Common open space shall
represent those areas not to be dedicated as public lands and rights of way, but which are
to remain in the ownership of a homeowners association or of a condominium in
accordance with the provisions set forth in this ordinance. Pedestrian paths and sidewalks
may be included in the calculation of required common open space. Vehicular travel
ways, parking lots and individual private yards within the area of platted residential lots
may not be included in the calculation of required common open space.
Open space, dedicated: All open space which is to be dedicated or conveyed to the
County or an appropriate public agency, board, or body for public use as open space.
Open space, landscaped: That open space within the boundaries of a given lot that is
designed to enhance privacy and the amenity of the development by providing
landscaping features, screening for the benefit of the occupants or those in neighboring
areas, or a general appearance of openness. Landscaped open space may include, but
need not be limited to lawns, decorative planting, flower beds, sidewalks/walkways,
ornamental objects such as fountains, statues and other similar natural or artificial
objects, wooded areas and water courses, any or all of which are designed and arranged
to produce an esthetically pleasing effect within the development. Landscaped open space
may be either Common or Dedicated open space as defined herein.
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Outdoor Display: To show, exhibit or make visible goods or merchandise for sale.
Outdoor Storage: The holding, keeping or storage, in an unroofed area, of any goods,
junk, materials, merchandise or vehicles in the same place for more than twenty-four (24)
hours. All outdoor storage shall be required to be enclosed by a fence, wall, landscaped
berm, or other suitable and appropriate method.
Overlay District: A zoning district superimposed on one or more underlying zones, that
imposes additional requirements above those required by the underling zoning district.
Owner: Any individual, firm, association, syndicate, partnership or corporation having
sufficient proprietary interest to the land in question (i.e. holder of legal title or the lessee
of the land in question having a remaining term of not less than thirty (30) years).
Parking bay: A combined travel way and parking area developed as a private
improvement designed to provide necessary and sufficient vehicular access and offstreet
parking service to a private development. Spaces with parking bays are normally oriented
perpendicular to the line of travel in the travel way. A parking bay may be either singleloaded (parking only on one side of the travel way) or double loaded (parking on both
sides of the travel way). Refer to the County’s Design and Construction Standards
Manual for geometric requirements and transportation design criteria for parking bays
and travel ways.
Parking lot: An area containing one (1) or more spaces for the purpose of temporary,
daily or overnight off-street parking.
Parking, off-street: Any space specifically allotted to the parking of motor vehicles as
an accessory use. For the purpose of this ordinance, such space shall not be located in a
dedicated right-of-way, a travel lane, a service drive, nor any easement for public ingress
or egress.
Parking space: The area required for parking one (1) automobile which shall be a
minimum of nine (9) feet wide and eighteen (18) feet long, not including passageways.
Parking unit, private: A self-contained and privately maintained area accessed by a
public street but allowing no through traffic routes and providing such off-street parking
as may be required under this chapter for the building served. Said parking unit may be
entered by a private drive from the public street, provided, that such drive offers adequate
ingress and egress for emergency vehicles and otherwise complies with acceptable
County standards.
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Performance standards: A set of criteria or limits relating to nuisance elements which a
particular use or process may not exceed.
Person: A public or private individual, group, company, firm, corporation, partnership,
association, society, joint stock company, or any other combination of human beings
whether legal or natural.
Personal service establishment: Any building wherein the primary occupation is the
repair, care of, maintenance or customizing of personal properties that are worn or carried
about the person or are a physical component of the person. For the purpose of this
ordinance, personal service establishments shall include but need not be limited to barber
shops, beauty parlors, pet grooming establishments, laundering, cleaning and other
garment servicing establishments, tailors, dressmaking shops, shoe cleaning or repair
shops, and other similar places of business.
Plan of development: A sketch of the site drawn to scale, showing the dimensions and
acreage of the property, and approximate location of buildings, roads, parking areas and
landscaping, the number of dwelling units or commercial or other types of buildings and
other information essential for determining whether the provisions of this ordinance are
being observed, such as pertinent site engineering data.
Plat: A drawing, map or plan for a parcel of land or subdivision, or rearrangement,
revision of re-subdivision of land.
Premises: A lot, together with all buildings or structures occupying it. Principal building:
A building in which is conducted the principle use of the lot on which it is located.
Principal use: The main use of land or structures as distinguished from a secondary or
accessory use.
Private club: An association organized and operated on a non-profit basis for persons
who are bona fide members paying dues, from which the association owns or leases
premises, the use of which premises is restricted to such members and their guests, and
which manages the affairs of such association by and through a board of directors,
executive committee, or similar body chosen by the members. Food, meals and beverages
may be served on such premises, provided adequate dining space and kitchen facilities
are available.
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Pro-rata share: The payment of a subdivider or developer of land for his share of the
cost of providing reasonable and necessary drainage or utility facilities located outside
the property limits of the land owned or controlled by the subdivider or developer of land
and necessitated or require, at least in part, by the construction or improvement of his
subdivision or development.
Public building: A building, or part thereof, owned or leased by a governmental agency
and used for governmental functions by an agency or political subdivision of the United
States, the Commonwealth of Virginia, or Nelson County. Also referred to as “Public
facility.”
Public facility: See Public building.
Public floor area: The gross building area, as figured on a per-story basis, which clearly
serves the general public, such as vestibules and lobbies, corridors, waiting rooms and
toilets, servicing areas, and required stairs, ramps and elevators. Employee-oriented
areas, such as kitchens and freezer rooms, storage, maintenance and service areas, shall
not apply. Unfinished areas shall be included and figures on the basis of potential use.
Public use: Any area, building or structure held, used or controlled exclusively for public
purposes by any department or branch of the County of Nelson, State government,
Federal government, without reference to the ownership of the building or structure or of
the realty upon which it is situated.
Public utility: A business or service having an appropriate franchise from the
Commonwealth of Virginia, which is engaged in regularly supplying the public with
some commodity or service which is of public consequence and need, such as; gas, water,
transportation or communication.
Public utility, heavy: A business or service which is engaged in regularly supplying the
public with a service which is of public consequence and whose operations have the
potential to negatively impact the environment in terms of noise, odor, and personal harm
(i.e., sewage treatment and electricity generation plants).
Public utility, light: A use or structure which is engaged in conducting the supply of
utility services to the public which is of public consequence and whose operations have
little or no potential to negatively impact the environment in terms of noise, odor and
personal harm (i.e.. electric transformer, natural gas, telecommunications facilities, water
and sewer transmission, collection, distribution and metering devices and water and
sewerage pumping stations).
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Race track : A track or course designed for athletic competition such as track and field
events or horse racing.
Recycling center: A facility in which used material is separated and processed prior to
shipment to other facilities that will use those materials to manufacture new products.
Refuse: Waste materials including ashes, garbage, rubbish, junk, industrial waste, dead
animals and other solid waste materials, including salvageable waste.
Rehabilitation: The upgrading of a building previously existing in a dilapidated or
substandard condition, for human habitation or use.
Renovation: The upgrading of a building.
Repair service establishment: Any building containing no more than 5,000 square feet
of net floor area wherein the primary occupation is the repair and general service of
common home appliances such as musical instruments, sewing machines, televisions and
radios, washing machines, vacuum cleaners, power tools, electric razors, refrigerators and
lawn mowers; or any building wherein the primary occupation is interior decorating, to
include reupholstering and the making of draperies, slipcovers and other similar articles,
but not to include furniture or cabinet-making establishments.
Restaurant: Establishment in which the principle activity is the sale of food and
beverages for consumption on the premises.
Restoration: The replication or reconstruction of a building’s original architectural
features.
Retail sales establishment: Any building wherein the primary occupation is the sale of
merchandise in small quantities, either in broken lots or parcels, not in bulk, for use or
consumption by the immediate purchaser. For the purpose of this ordinance, however,
retail sales establishments shall not be interpreted to include Automobile-oriented uses.
Review board: Refer to the Tourism Corridor Review Board, the appointed body which
contributes to the administration of the Tourism Corridor Overlay District.
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Review commission: The Commission of Architectural Review, the appointed body
which contributes to the administration of the Historic Preservation Overlay District.
Right-of-way lines: Lines which separate private property from dedicated public
property containing or proposed to contain publicly-owned street surfaces, curb and
gutter, sidewalks and planted strips. Where a public street is designated on the major
thoroughfare plan, all requirements of this chapter which relate to rights-of-way shall be
measured from the indicated proposed right-of-way lines.
Rooming house: see Boardinghouse.
Salvage yard: Any space or area or portion of lots used for the storage, sale, keeping or
abandonment of junk or waste materials, including used building material, for the
dismantling, demolition, sale or abandonment of automobiles and other vehicles,
machinery or parts thereof.
Service stations: Buildings and premises wherein the primary use is the supply and
dispensation at retail of gasoline, oil, grease, batteries, tires and motor vehicle
accessories, and where in addition, the services for minor engine repair, tire servicing,
exhaust systems, washing, brake repairs and other minor repair activities may be rendered
and sales made, but only as accessory and incidental to the primary occupation.
Setback: In this ordinance, the term setback is not used, as such term represents a
distance that is established in like manner as that for a Yard in the minimum yard
requirements.
Shopping center: Any group of two (2) or more commercial uses which: (a) are
designed as a single commercial group, whether or not located on the same lot; (b) are
under common ownership or management; ( c ) are connected by party walls, partitions,
canopies or other structural members to form one continuous structure, or if located in
separate buildings, are interconnected by walkways and access ways designed to facilitate
customer interchange between the uses; (d) share a common parking area; and (e)
otherwise present the appearance of one (1) continuous commercial area.
Shrink-swell soil: Expansive and contracting soil composed largely of clay and as
further defined by geotechnical evaluation of soils subject to land development activity in
the County of Nelson. The soil will expand generally in an upward direction when water
from any source is interspersed into a shrink/swell soil. When a shrink/swell soil dries,
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cracks and voids are sometimes created between the soil and constructed footings, which
can subsequently lead to foundation settlement.
Sign: A name, display or illustration which is affixed to, or represented, directly or
indirectly, upon a building, structure, parcel or lot which directs attention to an object,
place, activity, institution, organization or business located on the premises. The term
“sign” shall not be deemed to include official court or governmental notices nor the flag,
emblem or insignia of a nation, political unit, school or religion, or directional aids
fortraffic flow and other public safety purposes.
Site plan: A required submission, prepared and approved in accordance with the
provisions of this ordinance, which is a detailed engineering drawing of the proposed
improvements required in the development of a given lot or lots.
Special exception: A yard exception or height exception specifically listed in the Zoning
Ordinance which may be permitted in a specified district or in all districts in accord with
terms of the Ordinance by the Board of Zoning Appeals under certain conditions, such
conditions to be determined in each case by the terms of this ordinance and by the Board
of Zoning Appeals.
Special use: A use that, owing to some special characteristics attendant to its size, siting,
intensity, operation or installation, is permitted in a district after site specific review and
subject to special conditions approved by the Board of Supervisors.
Spot zoning: Rezoning of a lot or parcel of land for a use incompatible with surrounding
land uses, without reference to the land use plan. According to Section 15.2-2280 of the
Virginia Code, spot zoning is illegal “when the zoning ordinance is designed solely to
serve the private interests of one or more landowners: but, if the legislative purpose is to
further the welfare of the entire county or city as part of the entire county or city as part
of an overall zoning plan, the ordinance does not constitute illegal spot zoning.”
Storage yard: The use of any space, whether inside or outside a building, for the storage
or keeping of construction equipment, machinery, vehicles or parts thereof, boats and/or
farm machinery, and inventory which, due to its physical character, is not normally stored
within a structure.
Story: That part of a building between the level of one (1) finished floor and the level of
the next higher finished floor or, if there is no higher finished floor, then part of the
building between the level of the highest finished floor and the top of the roof beams.
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Street (also, road): A strip of land intended primarily for vehicular traffic and providing
the principal means of access to property, including but not limited to road, lane, drive,
avenue, highway, boulevard or thoroughfare. The term “street” does not distinguish
between a public or a private street.
Street, arterial (also, road or highway, arterial): A street or road which carries a
significant portion of the trips entering and leaving the County or a Development Area, or
as otherwise defined by the Virginia Department of Transportation. Because of the nature
of travel served by an arterial street or road, almost all fully and partially controlled
access streets or roads are a part of this functional class, including freeways, major
thoroughfares, and expressways. Arterial streets are public.
Street, collector (also, road or highway collector): A street or road which provides for
principal internal movements at moderate operating speeds within residential
developments, neighborhoods, and commercial or industrial districts. It also provides the
primary means of circulation between adjacent neighborhoods and can serve as a local
bus route. A collector street functions to distribute trips from arterial streets to local and
other collector streets. Conversely, it collects traffic from local streets and channels it into
the arterial system. The collector street provides for the dual purpose of serving both
individual property access and local traffic movement. Collector street are public.
Street line: The dividing line between a street and a lot. This term may be used
synonymously with the right-of-way line of a public street, or the curb line of a parking
bay, travel lane or private street.
Street, local (also, road, local): A street or road which primarily provides direct access
to residential, commercial, industrial or other abutting property. The local street system
includes all facilities not classified as a principal arterial, minor arterial or collector street.
A local street offers the lowest level of mobility and may not serve a major bus route.
Overall operating speeds are low in order to permit frequent stops or turning movements.
Street, principal highway: Any highway so classified by the Virginia Department of
Highways and Transportation, which serves as a multi-lane arterial devoted purely to
traffic movement.
Street, private (“private street”): A local or collector street, not a component of the
State primary or secondary public road system, which is guaranteed to be maintained by a
private corporation or other private entity and is subject to the provisions of this
ordinance.
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Street, public: A platted street or road in Nelson County, dedicated for the use of the
general public, graded and paved in order that every person has the right to pass and to
use it at all times, for all purposes of travel, transportation or parking to which it is
adapted and devoted, and which is maintained by the Virginia Department of
Transportation.
Street, service drive: A public street paralleling and contiguous to a major thoroughfare,
designed primarily to promote safety by providing free access to adjoining property and
limited access to major thoroughfares. All points of ingress and egress are subject to
approval by County and Virginia Department of Transportation officials as designated in
this ordinance.
Street tree: Any tree which grows in the street right-of-way or on private property
abutting the street right-of-way.
Structure: That which is built or constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent location on the
ground.
Subdivider: Any person who subdivides land pursuant to the Subdivision Ordinance of
the County of Nelson.
Subdivision: A division of a lot, parcel or tract of land into two (2) or more lots for the
purpose, whether immediate or future, of transfer of ownership; or any division of land
upon which a street, alley or public right-of-way is involved. The term includes
resubdivision and, where appropriate to the context, shall relate to the process of
subdividing or to the land subdivided and solely for the purpose of recordation of any
single division of land into two (2) lots, a plat of such division shall be submitted.
Subdivision, cluster: An alternate means of subdividing a lot premised on the concept of
reducing lot size, yard and bulk requirements in return for the provision of common open
space and recreational improvements within the development. Cluster subdivisions are
often permitted at higher net densities in comparison to conventional developments, but
leave more open space by reducing lot sizes.
Subdivision, major/minor: The subdivision of a lot in accordance with the lot size
requirements and bulk regulations and number of lots permitted specified in the district
regulations.
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Substantial improvement: Any extension, repair, reconstruction or other improvement
of a property, the cost of which equals or exceeds fifty (50) percent of the fair market
value of a property before the improvement is started or, if the property has been
damaged and is being restored, before the damage occurred.
Theater: A building or structure designed for the enactment of dramatic and other artistic
performances and/or showing of motion pictures. For the purpose of this ordinance, a
dinner theater shall be deemed a restaurant. A drive-in theater shall be deemed a separate
use.
Townhouse: One (1) of a series of three (3) or more attached dwelling units separated
from one another by continuous vertical party walls without openings from basement
floor to roof.
TIA: Traffic Impact Assessment. A traffic impact assessment is a formal evaluation of
traffic required of developers by the County of Nelson which is used to provide an
efficient means for the incorporation of transportation systems analysis for future
development projects, including redevelopment activities.
TSM: Transportation Safety Measures. Transportation safety measures are specific
transportation applications designed to reduce the potential number of vehicular accidents
at a particular intersection or section of road, street or highway.
Trash: see Refuse.
Travel way: A private street which is intended to serve the vehicular access requirements
of and provides internal access to a private development. A travel way may incorporate
perpendicular or parallel parking. Refer to the Design and Construction Standards
Manual for geometric requirements and transportation design criteria for travel ways.
Tree canopy or tree cover: Shall include all areas of coverage by plant material
exceeding five (5) feet in height.
Unrelated person(s): More than one (1) person(s) occupying a dwelling and living as a
single housekeeping unit, all of whom are not related by birth,adoption, marriage,
guardianship or as distinguished from a family as defined.
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Use: Any purpose for which a structure or tract of land may be designed, arranged,
intended, maintained or occupied; also, any activity, occupation, business or operation
carried on, or intended to be carried on, in or on a structure or on a tract of land.
Variance: A reasonable deviation from provisions of the zoning ordinance regulating the
size or area of a lot or parcel of land, or the size, area, bulk or location of a building or
structure when the strict application of this chapter would result in inordinate hardship to
the property owner. Such need for a variance is site specific and would not be shared
generally by other properties, provided such variance is not contrary to the intended spirit
and purpose of this Zoning Ordinance and the Comprehensive Plan, and such variance
would result in substantial justice being done to the property owner. The term “variance”
shall not include a change in use that would be accomplished by a rezoning or a
conditional zoning.
Vehicle service establishment: Buildings and premises wherein mechanical and body
work, repair of transmissions and differentials, straightening of body parts, painting,
welding or other similar work is performed on vehicles within a completely enclosed
structure. Vehicle service establishments shall not be deemed to include Heavy
equipment sale, rental and service establishments.
Vehicle sale, rental and ancillary service establishment: Any use of land whereon the
primary occupation is the sale, rental and ancillary service of any vehicle in operating
condition such as an automobile, motorcycle, truck, trailer, ambulance, taxicab,
recreational vehicle, mobile home or boat. For the purpose of this ordinance, vehicle sale,
rental and ancillary service establishments shall not be deemed to include Heavy
equipment sale, rental and service establishments.
V/C: Volume to Road Capacity Ratio. In this ratio, volume represents the number of
vehicles passing over a given section of a lane or roadway in a given time, which can be
one (1) hour or more, and road capacity represents the maximum number of vehicles that
can reasonably be expected to pass over a given section of a lane or roadway in one
direction, or both directions if so indicated, during a given time (usually one (1) hour)
under prevailing roadway and traffic conditions.
Warehouse: A building used primarily for the holding or storage of goods and
merchandise.
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Wetlands: An area as identified on the national Inventory of Wetlands or other qualified
professional and/or regulated by the Army Corps of Engineers.
Wholesale trade establishment: Any building wherein the primary occupation is the
sale of merchandise in gross for resale, and any such building wherein the primary
occupation is the sale of merchandise to institutional, commercial and industrial
consumers. For the purpose of this ordinance, a warehouse shall not be deemed a
wholesale trade establishment.
Yard: Any open space on the same lot with a building or building group lying between
the building or building group and the nearest lot line, unobstructed from the ground
upward and unoccupied except by specific uses and structures allowed in such open
space by the provisions of this ordinance. On any lot which is occupied by an attached
dwelling, no minimum required yard shall be occupied by any part of a vehicular travel
way or parking space that is owned and maintained by a homeowners’ association,
condominium or by the public.
Yard, Minimum: The minimum yard requirements set forth in this ordinance represent
that minimum distance which the principal building(s) shall be set back from the
respective lot lines. On a lot where a service drive is to be dedicated to the County, such
dedication shall be in addition to the applicable minimum yard requirements.
Yard, front: A yard extending across the full width of a lot, measured perpendicular to
the front lot line and extending to the principal building. On a corner lot, all yards lying
between the principal building and the intersecting streets shall be deemed front yards.
Yard, rear: A yard extending across the full width of the lot and lying between the rear
lot line of the lot and the principal building group.
Yard, side: A yard between the side lot line of the lot and the principal building, and
extending from the front yard to the rear yard, or, in the absence of either of such yards,
to the front or rear lot lines.
Zero lot line dwelling: The location of a residential building on a lot in such a manner
that one or more of the buildings sides rests directly on a lot line.
Zoning district: See District.
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Zoning administrator: See Administrator. (Also referred to in the County of Nelson as
the Planning Director.) The person in the County of Nelson designated to administer the
Zoning Ordinance and other land use regulations.
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