Planning

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
May 26, 2010

Present: Chair Philippa Proulx, Vice Chair Emily Hunt, Commissioners Linda Russell, Michael Tapager, and Supervisor Allen Hale

Staff Present:  Planning Director Fred Boger

(Note:  These following notes are contributed by Linda Russell, Philippa Proulx, Fred Boger, and Kim Cash in the absence of Secretary Betty Fortune.)

Call to Order:  Chair Proulx called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room, County Courthouse, Lovingston.  The scheduled public hearing on the application from Nelson County for a communication tower has been postponed until June at the request of the applicant.  The Kirt application for rezoning was withdrawn.

Approval of Minutes – April 22 and 28, 2010:  Commissioner Tapager made a motion to approve the minutes as presented, and motion passed 6-0.

Other Business:
A.     Floodplain Ordinance, Article 10
Fred Boger presented comments from FEMA on the County’s ordinance which was adopted by the Board of Supervisors on May 11, 2010.  Suggested amendments were to add, remove, or clarify definitions, as follows:

•    The word “homes” needs to be inserted after “manufactured” in 10.14B.
•    The definition for “manufactured home park/subdivision” needs to include the words “manufactured home” as does the one in 44 CFR 59.1.
•    The ordinance needs to include the definitions for existing, expansion to existing and new manufactured home parks or subdivisions.  (Does Nelson County have existing manufactured home parks or plan to have a new manufactured home park?)
•    The definition for “new construction” needs to be corrected:  For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after August 1, 1978 (the effective date of the initial FIRM), and includes any…
•    The definition for Special Flood Hazard Area needs to refer to Section 10.8.A.1 not 10.10.
•    The definition for “structure” needs to be the one from 44 CFR 59.1.

Commissioner Tapager made a motion authorizing Staff to incorporate the recommended changes into the County’s ordinance and to advertise these changes for public hearing on June 23, 2010 .  Supervisor Hale provided the second, and motion passed 6-0.

B.  Communication Tower Ordinance

Commissioners discussed the proposed amendments developed by the subcommittee in 2009.  Three options exist:  (1) leave the current ordinance as is; (2) recommend adoption of some portions of the current draft ordinance; and (3) send the current draft back to subcommittee for further consideration of broadband needs. Commissioners agreed by consensus to work on the draft at the June 23 meeting while Mr. Boger researches the County’s broadband needs.

A.     Proposed Zoning Ordinance Amendments – Articles 2, 12, 13, 16

Commissioners reviewed these articles with the following action to be taken:
•    Article 2 – no changes to draft
•    Article 12 – minor wording changes to delete Conditional Use Permit
•    Article 13 – no changes to draft
•    Article 16 – minor wording changes

Commissioner Tapager made a motion to authorize staff to advertise these amendments for public hearing on June 23, 2010 .  Commissioner Russell provided the second, and motion passed 6-0.

B.    Proposed Zoning ordinance Amendments: Miscellaneous

Several “housekeeping” amendments were reviewed to correct wording and State code references to Articles 4, 6, 8A, 14 and 20.  Commissioner Tapager made a motion to authorize staff to advertise these amendments for public hearing on June 23, 2010 , Commissioner Russell provide the second, and motion passed 6-0.

C.     Rezoning/Thomas Nelson Highway

During approval process for rezoning of Vito’s Restaurant to B-1, Commission expressed interest in examining the strip of properties along either side of Vito’s.  After discussion, it was decided by consensus to consider rezoning the following properties to B-1:  10A, 10, 9D, 14, 15.  Mr. Boger is to draft a letter to each property owner asking if each would support this change.  The letter is to be reviewed and approved by the Planning Commission Chair.

D.    Comprehensive Plan

Chair Proulx would like to proceed with updating the Comp. Plan.  Consensus agreed that a full revision was not necessary at this time, but various data needs to be updated.  The transportation plan will be addressed in July by the Thomas Jefferson Planning District.

Board of Supervisor Liaison – Allen Hale
Supervisor Hale reported from the BOS that there is concern that substandard housing could be built under the guise of a Corporate Training Center.  The BOS approval of Leavell/Winder’s Conditional Use Permit was specific in that it did not include cabins or campgrounds.

Adjournment

Next Meeting – June 23, 2010

Respectfully submitted,

Betty Fortune with assistance (see opening paragraph)

ARTICLE 10 CHANGES:

10.7.    Definitions

Manufactured home park/subdivision:  A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

New construction:  For the purposes of determining insurance rates, structures for which the “start of construction” commended commenced on or after August 1, 1978 (the effective date of any the 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.

Special flood hazard area: The land in the floodplain subject to a one (1%) percent or greater chance of being flooded in any given year as determined in Section 10.10 10.8.A.1 of this ordinance.
Structure: A combination of materials that form a construction for use, occupancy,  ornamentation, including a fence, a gas or liquid storage tank, whether installed on, above, or below the surface of land or water. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.  “Structure,” for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation.  For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

10.14.    General Standards
The following provisions shall apply to all permits:
A.    Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.  Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.  This standard shall be in addition to and consistent with applicable State anchoring requirements for resisting wind forces.

ARTICLE 2.  DEFINITIONS
Site Plan Review Committee:  The Site Plan Review Committee shall consist of, but is not limited to, representatives from Federal, State, and local governments, utility companies, other agencies and departments, and other professionals as necessary to review, but not limited to, the site plan, subdivision plat, Special Use Permit and Conditional Use Permit application, Rezoning application, zoning amendment, in preparation of the Planning and Zoning Director’s comments and recommendations.

ARTICLE 12.  GENERAL PROVISIONS
12-1    Zoning Permits.
12-1-1    Buildings or structures shall be started, reconstructed, enlarged, or altered only after a zoning permit has been obtained from the Zoning Administrator. Improvements shall be started, reconstructed, enlarged, or altered only after a zoning permit has been obtained from the Planning and Zoning Director.
12-1-2    The Commission may request a review of the zoning permit approved by the Zoning Administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies. An application shall be made by all property owners, a contract purchaser with the owners’ written consent, or the owners’ agent.  Each application shall be accompanied by three (3) copies of a Minor Site Plan or ten (10) copies of a Preliminary or Final Site Plan, as the case may be, pursuant to Article 13, accompanied by a filing fee as provided in Article 13.  Upon approval of an optional Preliminary Site Plan, the applicant shall submit a Final Site Plan for review before issuance of the permit.
12-1-3    Each application for a zoning permit shall be accompanied by three (3) copies of a scale drawing.  The drawing shall show:
(a)     The size and shape of the parcel of land on which the proposed building is to be constructed;
(b)     The nature of the proposed use of the building or land; and
(c)     The location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land.
In the event of a proposed expansion or other material change to improvements for which a zoning permit has been issued previously, the Planning and Zoning Director may approve an amended Minor Site Plan or Final Site Plan, as the case may be, in accordance with Section 13-2 of this Chapter.
12-1-4    Where an individual septic system is to be used, the owner/agent must submit either a bare application (an application for an individual lot submitted to the Virginia Department of Health for which a representative of this Department will do the required site evaluation to issue a sewage disposal system construction permit) or an AOSE (Authorized Onsite Soil Evaluator) application for each lot to the Virginia Department of Health.  The soils work for either application shall show the primary drainfield area together with a reserve area equal to:
(a) For Class 1 and 2 soils, a minimum of fifty (50) percent of the capacity of the     primary area and;
(b)  For all other soil classes, a minimum of one hundred (100) percent capacity of the     primary area.                                           O2008-08
12-1-5    Where an alternative waste treatment system is to be used, the developer/property owner shall provide to the Building Official and Planning Director documented proof that the soils and parent materials are satisfactory to the Department of Health, and     shall obtain approval of the alternative waste treatment system from the appropriate     state agencies, including the Virginia Department of Environmental Quality and the     VirginiaDepartment of Health.  Such documented proof and approval shall be filed at     the time a building permit and zoning permit are applied for.
In all zoning districts, the reserve area for an alternative waste treatment system shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the primary area.                                                  O2008-08
12-1-6    Any other information may be required which the Zoning Administrator deems necessary for consideration of the application.  If the proposed building or use is in conformity with the provisions of this ordinance, the Zoning Administrator shall issue
a permit to the applicant.  One (1) copy of the drawing shall be returned to the applicant with the permit.                                              O2008-08
Any other information which the Planning and Zoning Director deems necessary for consideration of the application may be required.  Article 13 shall govern consideration of the application.
12-2    Certificate of occupancy.
Land may be used or occupied and buildings structurally altered, erected, used, or changed in use, only after the Zoning Administrator has issued a certificate of occupancy.  Such a certificate shall state that the building or the proposed use, or the use of the land, complies with the provisions of this ordinance.  A similar certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use.  A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a building and zoning permit.  The permit shall be issued within ten (10) days after the erection or structural alteration of such building or part has conformed to the provisions of this ordinance.
The Planning and Zoning Director and the County’s Building Official shall develop, whenever feasible, joint forms and procedures designed to streamline applications to their respective offices.
12-3    Conditional Use Permits and Special Use Permits.
12-3-1    Where permitted by this ordinance, Conditional Use Permits and Special Use Permits may be authorized by the governing body.  Applications for Conditional Use Permits and Special Use Permits may be referred to the Planning Commission for its recommendation. For the purposes of this Article, the phrase “Special Use” shall mean either Conditional Use or Special Use, as the case may be.
12-3-2    The applicant who shall be a record owner, or contract owner with written approval of owner, of land involved (if a contract owner, copy of said contract shall be filed with and made a part of application), shall make application for the use permit to the Zoning Administrator on the form provided for the purpose, giving all information required by such form, including such other information which the Zoning Administrator may deem necessary for an intelligent consideration of the project for which a permit is desired.
General Standards and Criteria for Special Use Permit Review
All applications for Special Use Permits shall be reviewed using the following criteria:
a.     The use shall not tend to change the character and established pattern of development of the area or community in which it proposes to locate;

b.    The use shall be in harmony with the uses permitted by right in the zoning district and shall not affect adversely the use of neighboring property;

c.    The proposed use shall be adequately served by essential public or private services such as streets, drainage facilities, fire protection and public or private water and sewer facilities; and

d.    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.

12-3-3    (a) An application for a Conditional Use Permit or a Special Use Permit, except, as hereinafter set forth, shall be subject to the Site Development plan provisions under Article 13 of this ordinance and, in addition to the Zoning Administrator, or his duly authorized agent, may require such additional information for the special exception to determine its eligibility under this ordinance.
(b)    An application for a Special Use Permit for a mobile home (individual) or double-wide mobile home shall be exempt from the provisions of subsection (a) with respect to Article 13, but such additional shall be accompanied by a drawing or plat showing:  (I) The boundary lines of the subject property and the proposed location of the mobile home thereon; (II) any other information which the Zoning Administrator or his duly authorized agent may require to determine its eligibility under this ordinance.
Special Conditions.
The Board of Supervisors may grant or deny the application either in part or in full and may impose such modifications, regulations, or restrictions, including a limitation of the time for which the permit shall be valid, which such Board in its discretion may determine necessary or requisite in order that the general objectives and purpose of this ordinance shall be complied with.
12-3-4    No application for such Conditional Use Permit or Special Use Permit may be heard except after notice and hearing as provided for in Section 15.1-431 of the Virginia Code, as amended.
Application Requirements for Special Use Permits.
a.     An application for a Special Use Permit shall be made by all property owners, a contract purchaser with the owners’ written consent, or the owners’ agent.  The application shall be submitted to the Planning and Zoning Director, and shall be accompanied by the required filing fee.

b.    If the request for a Special Use Permit has been denied by the Board of Supervisors, a request in substantially the same form shall not be resubmitted within one (1) year of the date of denial.

c.    The application shall include the following information:
1.     A Minor Site Plan in accordance with Article 13 of this Ordinance.
2.     A description of the proposed use and, where applicable, the hours of operation and the proposed number of employees or patrons.
3.    A written statement of proposed project compatibility with the following:

i.    The Comprehensive Plan.
ii.    The applicable zoning district.
iii.    The surrounding properties.
iv.    Current and future neighborhood conditions.
v.    Traffic patterns, on-site and off-site.

4.     When requested by the Planning and Zoning Director, the Commission, or the Board of Supervisors, the following information shall be provided by the applicant:

i.    The architectural elevations and floor plans of proposed building(s).
ii.    Traffic impact analysis.
iii.    Fiscal impact analysis.
iv.    Parking and site circulation analysis.
v.    Photographs of property and surrounding area.
vi.    Environmental impact statement.

The Planning and Zoning Director shall not refer the application to the Commission until the application contains all of the information required by this Article.
12-3-5    The governing body may grant or deny the application either in part or in full and may impose such modifications, regulations, or restrictions, including a limitation of the time for which the permit shall be valid, which the governing body in its discretion may determine necessary or requisite in order that the general objectives and purposes of this ordinance shall be complied with.
Action by Planning Commission
a.     No Special Use Permit shall be approved unless the proposal has been reviewed by the Commission.  The Commission shall conduct at least one (1) public hearing in accordance with State law.  Following the public hearing, the Commission shall prepare and by motion, adopt its recommendations, which may include changes in the applicant’s original proposal, and shall report such recommendations, together with any explanatory material, to the Board of Supervisors.

b.     Failure of the Commission to act within one hundred (100) calendar days of the first meeting of the Commission after official submission of the proposal 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.

12-3-6    In the governing body’s consideration to grant, deny, or grant conditionally a Conditional Use Permit or Special Use Permit, the governing body shall consider the following guidelines and standards:
(a)    The use shall not tend to change the character and established pattern of development of the area or community in which it proposes to locate;
(b)    The use shall be in harmony with the uses permitted by right in the zoning district and shall not affect adversely the use of neighboring property.

Action by Board of Supervisors.
Before approving a Special Use Permit, the Board of Supervisors will hold at least one (1) public hearing in accordance with State law, after which such Board may make appropriate changes to or impose appropriate conditions upon the proposed special use.  Nothing herein shall preclude the Board from holding a joint public hearing with the Commission.  Unless a longer period is agreed to by the applicant, the Board shall act within one (1) year of the official submission of the application.

12-3-7    Upon the granting of a Conditional Use Permit or a Special Use Permit, one (1) copy of the dimensioned drawing, upon which has been indicated the changed or restrictions, if any, required by the Board of Supervisors, and which has been certified by the Zoning Administrator, shall be returned to the applicant, who may thereafter conduct the operation for which the permit has been granted only in such manner and for such a time as the permit and the certified drawing shall specify.  A Conditional Use Permit or a Special Use Permit shall be valid for only the specific use it covers in the specific location designated.
Major Site Plan.
Upon approval of the application by the Board of Supervisors, a Preliminary and Final Site Plan, if required, shall be filed with the Planning and Zoning Director and reviewed by the Planning Commission pursuant to Section 13-5 of this Chapter.
12-3-8    Each application for a Conditional Use Permit or a Special Use Permit shall be accompanied by a fee of forty-five dollars ($45.00) payable to the Nelson County Treasurer for deposit in the General Fund.
Renewal of SUP with Time Limits, Expiration, Revocation.
a.     Renewal of SUP with Time Limits.
1.     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.

2.     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 Planning and Zoning Director may waive any submission requirement if such requirement is deemed not necessary for an adequate review of the application.

3.    Any Special Use Permit that is not renewed prior to the established time shall expire without notice and become null and void.

b.     Expiration
1.     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 twelve (12) months from the approval date of such permit.

2.     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.

c.     Revocation.
1.     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 permit shall automatically terminate without notice and become null and void.

2.     The approval of a new Special Use Permit shall be required prior to any subsequent reinstatement of the use.

3.    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.

d.    Official submission.

An “official submission” is an application or plan that has been filed in the correct form in the proper office accompanied by the appropriate fee and containing all information required by this Article.
12-3-9    It shall be the duty of the Zoning Administrator to see that the decisions of the Board of Supervisors are complied with.
12-3-10    In enforcing the requirements of the Conditional Use Permit or the Special Use Permit, the Zoning Administrator Planning and Zoning Director shall give written notice of violation by registered certified mail, return receipt requested, to the landowner and to any other person responsible for an alleged a violation, stating the reason why it is believed that a violation exists in fact.  The person responsible and who shall be allowed a period of thirty (30) days to correct the violations or to respond to the Zoning Administrator Planning and Zoning Director seeking relief.  Should the person responsible seek relief, or should the administrator receive no response or if the person does not correct the violation(s) within thirty (30) days of receipt of the registered letter, the case shall be considered by the Board of Supervisors at their next regularly scheduled meeting.  At the time of the meeting the Board shall consider modifying the Conditional Use Permit or the Special Use Permit if requested to do so by the person responsible, granting an additional period of time in which to comply, or directing the Zoning Administrator in initiate legal action.
In addition to any other proceeding or remedy available, the Planning and Zoning Director may initiate legal action to force compliance.  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.
12-3-11    A Special Use Permit or a Conditional Use Permit becomes void if the permit is not utilized within twelve (12) months after approval, or in the event the use has been discontinued for a consecutive twelve-month period.            (Ord. of 9-13-88; Res. of 7-12-94)

12-4    Special Use Permits.
Where permitted by this ordinance, the Board of Supervisors may authorize Special Use Permits after recommendation by the Planning Commission in conformance with Article 12.
Reserved for future use.
ARTICLE 13.  SITE DEVELOPMENT PLAN
13-1    Requirement. Categories and Applicability of Site Plans.  This Article provides the requirements and applicability of the following site plans:
a.    Major Site Plan
b.    Minor Site Plan

Site Plans for Residential Planned Communities shall be governed by the provisions of Article 7 of this ordinance.
No building or zoning permit shall be issued for development for any business or industrial purpose or for development to contain three (3) or more residential dwelling units on one (1) lot or parcel or for a permanent mobile home park until a site development plan has been approved by the Planning Commission, except that no site plan shall be required for the Residential RPC District.
13-1-1 Requirements for site plans.

A site plan shall be required for any development on any site, in all zoning districts, in any case in which construction or a change in use of the existing site increases the number of on-site parking spaces or anything that causes a visible change in the site. A “visible change” includes grading, removal of vegetation in preparation for future development of the site, mining, digging, and riverbank removal, addition to a  building that changes the traffic circulation on the site, or any other change which the Planning and Zoning Director determines to cause a significant impact to the public health, safety and welfare of the citizens of the County.

Major Site Plan.  A Major Site Plan shall be required when the project:
1.    exceeds one acre of land-disturbed area and is commercial or industrial in nature, or is a mobile home park, or contains three (3) or more dwelling units on one lot, or is an Intentional Community; or
2.    entails the erection of a structure or structures exceeding a total of 5000 square feet, excluding agricultural and single family residential construction, on a single parcel.

Minor Site Plan.  A Minor Site Plan must accompany zoning permit applications in     those undertakings which do not fall within the categories specified for Major Site     Plans.    A Minor Site Plan must also accompany the initial application for a Special Use Permit and for a rezoning request.  For the purposes of this Article, the phrase “special use” shall mean either Conditional Use or Special Use, as the case may be.

13-1-2     Site plan exemptions.

The foregoing notwithstanding, no site plan shall be required for the following:

a.    Construction of, or addition to, a single family dwelling on an individual lot.
b.   Construction of, or addition to, a two-family dwelling on an individual lot.
c.   Accessory structures to single-family dwellings (not meant for commercial use).
d.    Accessory buildings or structures on property used for the growing of agricultural crops, livestock, or forestry timber when such buildings or structures are necessary for such growing.
e.   Harvesting of plants or trees growing on the site.
f.  Clearing of a site for use for agricultural or pasture purposes.
g.  Residential Planned Community

13-2    Preparation of site plans Issuance of permits by County.
No building permit, or other County permit required prior to the initiation of construction of any building or structure or development, shall be issued by any officer or employee of the County for any development which is subject to the provisions of this article until a site plan has been approved. Compliance with the terms contained on any site plan shall be deemed a condition of each and every permit issued by the County. Any permit issued prior to the approval of a site plan is automatically null and void.
13-2-1    An informal meeting and discussion between the applicant and the Administrator shall be held prior to the submission of a site development plan.  The applicant should present a preliminary schematic master plan showing:
(a)     Boundary lines of subject property;
(b)     Existing land conditions and existing topography at a maximum of ten-foot contour intervals;
(c)     General layout design of what is proposed on a scale of not smaller than one (1) inch equals one hundred (100) feet, including the location of all proposed streets, pathways, easements, and all proposed uses of the land;
(d)     Building setback lines; and
(e)     Zoning of subject property and adjacent parcels.

This is not to be considered binding by the county or the owner of the property, but serves simply as a guide toward future development as each section of development is submitted for approval.
13-2-2    The applicant shall submit to the Administrator for approval by the Commission, six (6) copies of a site development plan.  Additional copies may be required if revisions are necessary.
(a)    The site plan shall be clearly and legibly drawn in ink on white paper or on a print of a topographic map of the property at a scale of one hundred (100) feet, two hundred (200) feet, two hundred fifty (250) feet or three hundred (300) feet to the inch on sheets having a size of not more than twenty-four (24) inches by thirty-six (36) inches.  The site plan may be prepared on one (1) or more sheets.  If prepared on more than one (1) sheet, match lines shall clearly indicate where the several sheets join.
(b)    Distances and bearings must balance and close with an accuracy of not less than one in twenty-five hundred (2500).

13-2-3    Whenever part of a tract is proposed for development and it is intended to develop additional parts in the future; a sketch plan for the entire tract shall be submitted with the site plan.  This sketch is merely for informational purposes and is not binding on the subdivider or the governing body.
13-2-4    Site plan review by the Planning Commission shall require the same notification of adjacent property owners as required by Section 15.1-431 of the Code of Virginia, 1950 as amended, except that an advertised public hearing shall not be required.  The notice shall state the type of use proposed, specific location of development, appropriate county office where the site plan .may be reviewed, and date of site plan review meeting.
13-3    Specific items to be shown. Amendment to final plans.
Any change to an approved Minor Site Plan or Final Site Plan shall require submission and approval of a new plan, except that minor changes may be approved administratively by the Planning and Zoning Director.  A minor modification is one that, in the opinion of the Planning and Zoning Director, will not substantially alter the terms of the original approval.  Applications for minor modifications of final approved plans made during periods of validity of such plans shall not constitute a waiver of the provisions of this section, nor shall the approval of minor modifications operate to extend the period of validity of any such plans.  Each application or submission for an amendment to a plan shall be accompanied by the required fee.
13-3-1    Location of proposed development by an inset map at a scale of not less than two (2) inches equal one (1) mile showing adjoining roads, their names and numbers, towns, subdivisions, and other landmarks.
13-3-2    Name of development, owner, developer, surveyor or engineer, date of drawing, number of sheets, north point and scale.  True or magnetic north may be used.
13-3-3    The boundary survey or existing survey of record provided such survey shows a closure with an accuracy of not less than one in twenty-five hundred (1:2500); total acreage, acreage of area to be developed, number and area of all building sites, existing buildings within the boundaries of the tract, names of owners and their property lines within the boundaries of the tract and adjoining such boundaries.
13-3-4    Certificates signed by surveyor or engineer setting forth the source of title of the owners of the land and the place of record of the last instrument in the chain of title.
13-3-5    A statement to the effect that the development as it appears on this site plan is with the free consent and in accordance with the desires of the owners, proprietors and trustees, if any, which shall be signed by the owner, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgments of deeds.

13-3-6    Profiles or contours showing the proposed grades for the streets and drainage facilities including elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the centerline of streets together with proposed grade lines connecting therewith.
13-3-7    The accurate location and dimensions by bearings and distances with all curve data on all proposed street lines and centerlines of streets, boundaries of all proposed or existing easements, parks, school sites, all existing public streets, their names, numbers and widths, existing utilities, and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits including their size and type, watercourses and their names, names of owners and their property lines, both within the boundary of the development and adjoining said boundaries.
13-3-8    A cross section showing the proposed street construction, depth, and type of base, type of surface, etc.
13-3-9    All parcels of land to be dedicated for public use and the condition of such dedication.
13-3-10    A blank oblong space three (3) inches by five (5) inches to be reserved for the use of the approving authority.
13-4    Improvements Site plan content.

The site plan, or any portion thereof, involving engineering, urban planning, landscape architecture, architecture, or land surveying, shall be prepared by a qualified person. Final Site Plans submitted for approval shall be certified by an architect, landscape architect, engineer, or land surveyor licensed or certified to practice by the Commonwealth of Virginia within the limits of his respective license or certification.

The Major Site Plan shall include:

A.    The plan shall be prepared at a scale of not less than 1”=20’ except for the index sheet, unless approved by the Planning and Zoning Director.
B.    If the plan is prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.
C.    Dimensions shall be in feet and decimals of feet to the closest one hundredth of a foot.
D.    The proposed title of the project and the name of the owner(s), engineer, architect, landscape architect, surveyor, and developer, as applicable.
E.    A signature panel to indicate approvals from the following:
a.     Planning and Zoning Director
b.    Virginia Department of Transportation
c.    Virginia Department of Health
d.    Thomas Jefferson Soil and Water Conservation District
e.    Nelson County Service Authority
F.    Tax Map and Parcel Number
G.    Adjacent property owners
H.    North arrow, scale graphic, and date.
I.    Vicinity map.
J.    Existing zoning and zoning district boundaries on the property in the development and on immediately surrounding properties. All special zoning requirements attached directly to the site as a result of the issuance of any Special Use Permit, variance, or rezoning.
K.    The boundaries of the property in the development, including bearings and distances.
L.    All existing property lines, existing streets or rights-of-way opened or unopened; buildings, watercourses, and lakes; and other existing physical features in or adjoining the project. The physical features, such as watercourses, waterways and lakes on the adjoining properties need only be shown in approximate scale and proportion;
M.    Features of particular historic, cultural, scientific, or scenic significance as identified in the Comprehensive Plan, by the Planning and Zoning Director, or by any County department or state agency having site plan review responsibilities, or by the Virginia Department of Historic Resources the Virginia Department of Conservation and Recreation, or the Virginia Outdoors Foundation including, but not limited to, historic features, archaeological features, and graveyards.
N.    Building setback lines; the location of all proposed buildings and structures, accessory and main; number of stories and height; proposed general uses for each building; and the number, size, and type of dwelling units where applicable. Preliminary plans and elevations for main and accessory buildings.
O.    Type, location, height, and materials of all existing and proposed fences and walls.
P.    Site coverage, showing percentage of site in buildings, parking, and open space.
Q.    Existing and proposed topography and contour lines of the development site with a contour interval of two (2) feet or less.
R.    The location and size of sanitary and storm sewers, gas lines, water mains, culverts, and other underground structures; all overhead utilities and supporting poles in or affecting the development area, including existing and proposed facilities; and easements for these facilities, including the width of the easement.
S.    The location of all existing and proposed off-street parking and parking bays, loading spaces, and pedestrian walkways, indicating types of surfacing, dimensions of stalls, width of aisles and a specific schedule showing the number of parking spaces.
T.    Final plan for all signs to be erected and/or placed on building. The plan shall show the location and size of each sign along with the purpose of the sign.
U.    A final landscape plan.
V.    Outdoor lighting information, including a photometric plan and location, description and photograph or diagram of each type of outdoor luminary.
W.    All paving, including, without limitation, gravel or other pervious surfaces, shall be of a design and quality to support the traffic which can reasonably be expected to be generated by the proposed use.
X.    Limit of one-hundred-year floodplain, and floodway as defined in Article 10 of this Ordinance.
Y.    Location of any wetlands in compliance with applicable federal, state, and local definition of wetlands.
Z.    The location and dimensions of proposed recreation or open space, and required amenities and improvements, including details of disposition, in accordance with any open space or recreation plan adopted by the County.
AA.    Cul-de-sacs may not be construed or employed as a parking area. Suitable easements for future public water and sewer facilities necessary to serve the property shall be indicated on the plan.
BB.    All new electrical, telephone, cable television, fiber optic, and other utility lines on the site shall be installed underground.
CC.    To the greatest extent possible, parking areas shall not be located between the adjacent public right-of-way and the principal structure on the site unless topographic features or vegetation provide effective screening.
DD.    Site planning shall consider the future development of adjacent parcels as recommended by the Nelson County Comprehensive Plan or other approved local plan and as may be indicated by any filed site plan, whether approved or under review. The site plan shall provide for safe and convenient vehicular and pedestrian circulation between sites to be occupied by complementary uses.
EE.    If phasing is planned, phase lines and proposed timing of development.
FF.    A copy of the approved final Erosion and Sediment Control and Stormwater Management Plan.
GG.    Option: A Preliminary Major Site Plan may be submitted to the Planning Commission for review and comment prior to submittal of the Final Site Plan for review and approval.

Minor Site Plan.  A Minor Site Plan must accompany zoning permit applications in those undertakings which do not fall within the categories specified for Major Site Plans.  A Minor Site Plan must also accompany the initial application for a Special Use Permit and for a rezoning request.  For the purposes of this Article, the phrase “special use” shall mean either Conditional Use or Special Use, as the case may be.

A Minor Site Plan shall consist of the following:

A.    A vicinity map showing the location of the subject property.
B.    Boundary lines of subject property.
C.    General layout design of what is proposed on a scale not smaller than one (1) inch equals twenty (20) feet, including the location of all proposed streets, pathways, easements, and all proposed uses of the land. A different scale may be used provided it is approved by the Planning and Zoning Director
D.    Building setback lines.
E.    Zoning of subject property and adjacent parcel.
F.    Amount of land to be disturbed, including drain fields.
G.    Tax map and parcel number.
H.    Floodplains.
I.    Wetlands, streams, rivers, etc.
J.    Existing structures and roads.
K.    Existing and proposed topography and contour lines of the development site with a contour interval of twenty (20) feet or less for Minor Site Plans, supplemented where necessary by spot elevations.
L.    The location of all existing and proposed utilities and easements including the width of the easement.
M.    A legend that shows.
•    Ownership (Name and Address)
•    North arrow
•    Graphic scale
•    Area in acres
N.    A signature panel to indicate approvals from the following:
•    Planning and Zoning Director
•    Virginia Department of Transportation
•    Virginia Department of Health
•    Thomas Jefferson Soil and Water Conservation District
•    Nelson County Service Authority
O.    Any other information which the Planning and Zoning Director deems necessary for the proper consideration of the application.

13-5    Validity of site plans.
a.     An approved Minor Site Plan or Final Site Plan shall be valid for a period of five (5) years from the date of approval, or for such longer period as the Planning and Zoning Director may, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed site.  A plan shall be deemed final once it has been reviewed and approved by the Planning and Zoning Director or Planning Commission, where the only requirement remaining to be satisfied in order to obtain a building permit is the posting of required bonds and escrows.

b.    Upon application filed prior to expiration of a plan, the Planning and Zoning Director may grant one (1) or more extension of such approval for additional periods as he may determine reasonable, taking into consideration the size and phasing of the proposed site and the laws, ordinances and regulations in effect at the time of the request for an extension.

c.    For so long as the final approved plan remains valid, no change or amendment to any local ordinance, map, resolution, rule, regulation, policy or plan adopted subsequent to the date of approval shall adversely affect the right of the developer or his successor in interest to commence and complete an approved development in accordance with the lawful terms of the plan, unless:  (1) the change or amendment is required to comply with state law, or (ii) there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.

13-4    Improvements.
13-6    Improvements
13-4-1    13-6-1 All required improvements should be installed by the developer at his cost.  In cases where specifications have been established either by the Virginia Department of Highways for streets, curbs, etc., or by local ordinances and codes, such specifications shall be followed.  The developer’s bond shall not be released until construction has been inspected and approved by the governing body.  All improvements shall be in accordance with the following requirements:
a.    Streets.  All streets in the proposed development shall be designed and constructed by the developer at no cost to the locality.
b.    Alignment and layout.  The arrangement of streets in developments shall make provision for the continuation of existing streets in adjoining areas and proposed streets on adjacent approved site plans.  The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their land and seek to provide for convenient access to it.  Where, in the opinion of the Commission, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary line of such property.  Half streets along the boundary of land proposed for development will not be permitted.  Wherever possible, streets should intersect at right angles.  In all hillside areas streets running with contours shall be required to intersect at angles of not less than sixty (60) degrees, unless approved by the Administrator Planning and Zoning Director upon recommendation of the highway engineer.
c.    Service drives.  Whenever a proposed development contains or is adjacent to a limited access highway or expressway, provision shall be made for a service drive or marginal street approximately parallel to such right-of-way at a distance suitable for an appropriate use of the land between such highway and the proposed development.  Such distances shall be determined with due consideration of the minimum distance required for ingress and egress to the main thoroughfare.  The right-of-way of any major highway or street projected across any railroad, limited access highway or expressway shall be of adequate width to provide for the cuts or fills required for any future separation of grades.
d.    Approach angle.  Major streets shall approach major or minor streets at an angle of not less than eighty (80) degrees, unless the Administrator Planning and Zoning Director, upon recommendation of the highway engineer, shall approve a lesser angle of approach for reasons of contour, terrain, or matching of existing patterns.
e.    Minimum widths.  The minimum width of proposed streets, measured from lot line to lot line, shall be as shown on the major street plan, or if not shown on such plan shall be as specified by the Virginia Department of Highways for acceptance into the State Secondary System.
f.    Construction requirements.  All public streets shall be constructed to requirements as specified by the Virginia Department of Highways for acceptance into the State Secondary System.
g.    Minimum street construction.  Private streets will be so constructed as to alignment and grade, that the minimum grade is no greater than the Virginia Department of Highways Standards for the particular terrain.  Road metal or base shall be of a material and width acceptable to the Virginia Department of Highways.  Proper drainage shall be installed and maintained.
h.    Names.  Proposed streets, which are obviously in alignment with other already existing and named streets shall bear the names of the existing streets.  In no case shall the names of proposed streets duplicate existing street names irrespective of the use of the suffix street, avenue, boulevard, driveway, place, lane, or court.  Street names shall be indicated on the preliminary and final plats, and shall be approved by the Administrator Planning and Zoning Director.  Names of existing streets shall not be changed except by approval of the governing body.
i.    Storm drainage facilities.  The developer shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property, including contour intervals, drainage plans and flood control devices.  The developer shall also provide plans for all such improvements together with a properly qualified certified engineer’s or surveyor’s statement that such improvements, when properly installed, will be adequate for proper development.  The highway engineer shall then approve or disapprove the plans.  The developer shall also provide any other information required by the highway engineer.  The developer shall install the approved storm drainage facilities.
j.    Fire protection.  Adequate fire hydrants in a development at locations approved by the Administrator Planning and Zoning Director shall be installed by the developer, provided adequate public water is available.  The location of the fire hydrants shall meet the National Board of Fire Underwriters specifications.
k.    Easements.  The Commission may require that easements for drainage through adjoining property be provided by the developer.  Easements of not less than fifteen (15) feet in width shall be provided for drainage, water, sewer, power lines and other utilities in the subdivision when required by the Administrator Planning and Zoning Director.
l.    Bond.  Before any site plan will be finally approved the developer shall, in lieu of construction, furnish bond, or other security acceptable to the governing body, in an amount calculated by the Administrator Planning and Zoning Director to secure the required improvements in accordance with specifications and construction schedules established, which bond shall be payable to and held by the governing body.
m.    Plans and specifications.  Two (2) blue or black line prints of the plans and specifications for all required physical improvements to be installed, shall be prepared by a licensed surveyor or licensed engineer and shall be submitted to the Administrator Planning and Zoning Director for approval or disapproval within sixty (60) days.  If approved, one (1) copy bearing certification of such approval shall be returned to the developer.  If disapproved, all papers shall be returned to the developer with the reason for disapproval in writing.  If no action in sixty (60) days, the plat shall be deemed approved.

13-4-2 13-6-2    Where the developer can show that a provision of these standards would cause unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, in the opinion of the Administrator Planning and Zoning Director a departure may be made without destroying the intent of such provisions, the Commission may authorize an exception.  Any exception thus authorized is to be stated in writing in the report of the Commission, with the reasoning, on which the departure was justified, set forth.  No such variance may be granted by this ordinance, which is opposed in writing by the highway engineer or health official.
13-5 13-7  Approval procedures. Administration.
13-5-1    Site plans shall be submitted to the Administrator for approval by the Planning Commission.
13-5-2    The Administrator shall be authorized to consult with the Virginia Department of Highways and Transportation, the Department of Health, the Soil Conservation Service and any other officials and professional representatives he deems necessary, in the preparation of his comments and recommendations.
13-5-3    The Administrator, within thirty (30) days, shall transmit all applications for site development plan approval, together with his comments and recommendations, to the Planning Commission.
13-5-4    The Commission shall approve or disapprove the site plan within sixty (60) days from the date of application.  In so doing, the Commission shall give due consideration to the recommendations of the Administrator.  In addition, it may consider such other evidence, as it deems necessary for a proper review of the application.

13-5-5    Any person aggrieved by any decision of the Planning Commission in the administration of this article may demand a review of the application by the governing body.  Such demand shall be made by filing a request therefore in writing with the County Planning Commission within ten (10) calendar days of the date of such decision.  The governing body may affirm, reverse or modify, in whole or in part, the decision of the Commission.  In so doing, the governing body shall give due consideration to the recommendations of the Administrator and the Planning Commission.  In addition, it may consider such other evidence, as it deems necessary for a proper review of the application.  For purposes of this section, the term “person aggrieved” shall be limited to the applicant, persons required to be notified pursuant to this article, and any interested governmental agency or officer thereof.
13-5-6    The governing body reserves unto itself the right to review all decisions of the Commission made in the administration of this article which, in its discretion, it shall deem necessary to the proper administration hereof.

A.    Administrative Authority.

1.    The Board of Supervisors designates the Planning Commission to review and act to approve or disapprove Final Site Plans within its jurisdiction.
2.    The Planning and Zoning Director is designated to review and act to approve or disapprove Minor Site Plans, provided however, that the Planning and Zoning Director may refer any application within his jurisdiction to the Planning Commission for review and action.
3.    In the performance of its duties in the review of Final Site Plans, the Planning Commission shall request and consider the review and comments of the Planning and Zoning Director, the Site Plan Review Committee, selected County staff, and other public agencies.
4.    Approval Procedures.

a.    The Planning and Zoning Director shall consult with the Virginia Department of Highways and Transportation, the Department of Health, and any other officials and professional representatives he deems necessary in preparation of his comments and recommendations.

b.    Upon the official submission of a Final Site Plan, the Planning Commission shall complete action in accordance with Section 15.2-2259 of the Code of Virginia as amended from time to time.

c.     Upon the official submission of a plan requiring approval by the Planning and Zoning Director, the Planning and Zoning Director shall complete action in accordance with Section 15.2-2259 of the Code of Virginia as amended from time to time.

d.    An “official submission” is a plan that has been filed in the correct form in the proper office accompanied by the appropriate fee and containing all information required by this Article.

B.     Other Administrative Considerations.

1.    The Planning and Zoning 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 provided in this chapter.

2.    The Planning and Zoning 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.

3.    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.

4.    It shall be the responsibility of the applicant, owner or developer to notify the Planning and Zoning 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.

C.    Waiver of Requirements for a Site Plan.

The Planning and Zoning Director, at his sole discretion, may waive the requirement for a Minor Site Plan or any required element specified within it upon consideration of the factors outlined below.

The Planning Commission, at its sole discretion, may waive the requirements for the Major Site Plan or any required element specified within it upon consideration of the following factors:

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 it 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 that 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 changed ingress/egress is recommended by the Planning and Zoning Director based on intensification or use, and

c.    No additional ingress/egress or alteration of existing ingress/egress is proposed, and

d.    Disturbed land is less than 5000 square feet in area, and

e.    It has been verified in writing by the Planning and Zoning 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 are not available.

6.     An applicant seeking a waiver from a requirement to submit a Major or Minor Site Plan (or any portion thereof) shall, upon request, provide written documentation to the Planning and Zoning Director addressing the applicable conditions for waiver.

For Final Site Plan waivers, the Planning and Zoning Director shall refer the 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 and Zoning 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 all necessary permits and approvals, including but not limited to a building permit, erosion and sediment control permit, and, upon completion of improvements, a certificate of occupancy.

13-6 13-8   Conditions. Reserved for future use.
The plat shall not be approved until the developer has complied with the general requirements and minimum standards of design in accordance with this ordinance, and has made satisfactory arrangements for performance bond, cash or cash bond to cover the cost of necessary improvements, in lieu of construction, to the satisfaction of the Administrator.  Approval of final site plan shall be written on the face of the plat by the Administrator and the chairman of the Planning Commission.
One (1) copy of the site plan will be returned to the property owner, one (1) copy will be retained in the files of the Administrator, and one (1) copy will be available for use by the Administrator or his representative in the field.  If not approved, the Commission will return one (1) copy to the owner, with corrections to be made indicated thereon.
13-7 13-9  Fees.
There shall be a charge for the examination and approval or disapproval of every site plan. reviewed by the Commission.  At the time of filing the site plan, the developer shall deposit with Nelson County a check payable to the Treasurer of Nelson County in the amount of: twenty-five dollars ($25.00) per site plan and five dollars ($5.00) per acre for the first five (5) acres and two dollars and fifty cents ($2.50) per acre for all acres after the first five (5) acres.
a.    $500.00 – Major Site Plan Approval
b.    $100.00 – Planning Commission Review and Comment on Preliminary Major Site
c.    $100.00 – Minor Site Plan
d.    $100.00 – Site Plan Amendment
13-8 13-10  Intentional Community.
13-8-1 13-10-1 Intentional Communities shall be subject to the provisions of Article 13 of the Zoning Ordinance of Nelson County.
13-8-2 13-10-2  Density.
Intentional Communities shall have a density of no greater than one (1) dwelling per two (2) acres, unless there is central water or sewer.  If the Intentional Community is to exceed the density of one (1) dwelling per two (2) acres, then the Intentional Community shall construct either a central water or central sewer system.  Clustering will be allowed in an Intentional Community, but dwellings must be at least fifty (50) feet apart.
13-8-3    13-10-3  Road Standards.
For Intentional Communities that have private streets serving between three (3) and twenty (20) dwellings, each private street must be constructed to the Class 1 road standards described in the Subdivision Ordinance of Nelson County.  For Intentional Communities with private streets serving more than twenty (20) dwellings, each private street must be constructed to the Class 2 road standards described in the Subdivision Ordinance of Nelson County.  All streets shall be named.  Street names must be approved by the County Administrator.  Names of existing streets shall not be changed except by approval of the County Administrator.
13-8-4    13-10-4  Fire Protection.
Where public water is available, the developer shall install fire hydrants.  The location and number of fire hydrants shall comply with the regulations of the Nelson County Service Authority.  Where public water is not available and the Intentional Community contains fifteen (15) or more dwellings, the Intentional Community shall provide both dry hydrant with a natural or manmade water source meeting the specifications contained in the National Fire Code and an all-weather access road to the same.
13-8-5    13-10-5  Open Space.
At least sixty (60) percent of the property must be unimproved land, which may consist of any combination of open space, cultivated agricultural or forestall lands.  This requirement also applies to any future subdivision of the subject parcel.
13-8-6    13-10-6  Substandard Intentional Communities.
An existing Intentional Community, which is not in conformity with this ordinance, may be further developed; however, any further development shall conform to the provisions of this ordinance and any other applicable local ordinances.  If an Intentional Community is developed in accordance with a previously approved plan, the provisions of this ordinance do not apply.  If an Intentional Community is developed beyond what is included in a previously approved plan, then the provisions of this ordinance do apply.
If, in the opinion of the Planning Commission, total compliance is impractical, the Planning Commission may approve further development of an Intentional Community which is not in compliance with the provisions of this ordinance if such further development will comply more closely to the existing local ordinances than does the substandard Intentional Community.  Any exception so authorized shall be set forth in a written statement by the Planning Commission detailing the reason for the exception and filed as an addendum to the site plan.
13-8-7    13-10-7  Subdivisions.
Any subdivision of property for the purpose of conveying parcels of land developed under Section 13-8 can be subdivided only after meeting all provisions of the Nelson County Subdivision Ordinance in effect at the time the subdivision is requested.         (Res. of 2-14-95)

ARTICLE 16.  AMENDMENT AND REZONING
16-1    Procedures for amendment.
The regulations, restrictions and boundaries established in this ordinance may, from time to time, be amended, supplemented, changed, modified, or repealed by the governing body pursuant to Section 15.1-493  15.2-2285 of the Code of Virginia, as follows:
16-1-1    By the filing with the Zoning Administrator of a petition by owners or contract owners of land proposed to be rezoned, which petition shall be accompanied by a fee of twenty-five dollars ($25.00). A petition for rezoning shall be made by all property owners, contract purchaser with the owners’ written consent, or the owners’ agent. The petition shall be submitted to the Planning and Zoning Director together with a Minor Site Plan pursuant to Article 13, Section 13-1-2 of this Chapter and the required fee.
16-1-2    By the adoption by the governing body of a resolution of intention to amend, which resolution, upon adoption, shall be referred to the Planning Commission.
16-1-3    By the adoption by the Planning Commission of a resolution of intention to propose an amendment.
16-2    Public hearing.
16-2-1    The Planning Commission shall hold at least one (1) public hearing on such proposed amendment after notice as required by Section 15.1-431 15.2-2204 of the Code of Virginia, and may make appropriate changes in the proposed amendment as a result of such hearing.  Upon the completion of its work, the Commission shall present the proposed amendment to the governing body together with its recommendations and appropriate explanatory materials.
16-2-2    No change shall be made by the governing body in the zoning ordinance or zoning map unless the governing body has referred the proposed change to the Planning Commission for its recommendations.  Failure of the Commission to report sixty (60) days after the first meeting of the Commission after the proposed change has been referred to the Commission, shall be deemed approval.
16-2-3    Before approving and adopting any amendment, the governing body shall hold at least one (1) public hearing thereon, pursuant to public notice as required by Section 15.1-431  15.2-2204 of the Code of Virginia, after which the governing body 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 hearing after notice required by Section 15.1-431 15.2-2204 of the Code of Virginia.  An affirmative vote of at least a majority of the members of the governing body shall be required to amend the zoning ordinance.
16-4-7    Any zoning applicant who is aggrieved by the decision of the zoning administrator Planning and Zoning Director under Section 16-4-5 may petition the governing body for review of such decision(s).
Such petition shall be filed with the Administrator Planning and Zoning Director within thirty (30) days after the decision appealed from.  The Administrator Planning and Zoning Director may schedule an appeal hearing by the governing body within forty-five (45) days of receipt of written notice of appeal (addition recommended by Commonwealth Attorney).  The Administrator Planning and Zoning Director shall forward the petition and his justification for his the decision(s) to the governing body and aggrieved person no less than ten (10) days prior to the next regularly scheduled meeting of the governing body.  Written notice of such meeting shall be given to all parties are required by Section 15.1-431 15.2-2204 of the Code of Virginia.

Table of Contents
*Editor’s note- This appendix contains the zoning ordinance adopted on January 11, 1977, as amended through May 31, 2007 May 11, 2010.  Style and capitalization have been made uniform.  Obvious misspellings have been corrected without notation and material in brackets [ ] has been added for clarity.

ARTICLE 4.  AGRICULTURAL DISTRICT A-1
4-1    Uses – Permitted by right
4-1-27    Temporary placement and occupancy of a travel trailer not to exceed ten (10) consecutive days.
4-1-a    Uses – Permitted by Conditional Use Permit only.
4-1-21a    Golf Courses
4-2    Lots Allowed and Area Regulations
4-2-1
>75

(> greater than)    A parcel of land larger than 75 acres has additional division rights allowable lots, provided each additional lot created is 20 acres or more in size.

ARTICLE 6.  RESIDENTIAL DISTRICT R-2
6-6    Height regulations.
6-6-4        No accessory building which is within ten (10) feet of any party property line shall be more than one (1) story high.  All accessory building shall be less than the main building in height.

ARTICLE 8A.  BUSINESS DISTRICT B-2
8A-2    Height regulations.

8A-2-4        No accessory building which is within ten (10) feet of any party property lot line shall be more than one (1) story high.  All accessory buildings shall be less than the main building in height.

ARTICLE 14. BOARD OF ZONING APPEALS*
14-2    Powers and duties of Board of Zoning Appeals.
14-2-3    To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary.  After notice to the owners of the properties affected by any such question, and after public hearing with notice as required by Section 15.1-431 15.2-2204 of the Code of Virginia, 1950, as amended, the board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular district in question.
ARTICLE 20.  COMMUNICATION TOWER ORDINANCE
20-8-9        Approval.
The Nelson County Planning Commission shall act on the Class III Communication Tower site plan and tower design plan at a public hearing after notice as required by Section 15.1-431 15.2-2204 of 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.  The Planning Commission shall forward a written recommendation on both plans to the Nelson County Board of Supervisors.
After public notice and hearing as required by Section 15.1-431 15.2-2204 of the Code of Virginia as amended, the Nelson County Board of Supervisors shall act on the Class III Communication Tower permit.  The Board will render its decision within ninety (90) days unless this time period is mutually extended by both parties in a written report detailing the reason(s) for approval, modifications, conditions, or denial.
20-13-2    No such special exceptions shall be authorized except after notice and hearing as required by Section 15.1-431 15.2-2204 of the Code of Virginia, as amended.