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Legal Notices

NOTICE OF PUBLIC HEARING: 8/24/2016

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission (PC) hereby gives notice that a Public Hearing will start at or shortly after 7:00 p.m., Wednesday, August 24, 2016 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:

1.  Special Use Permit #2016-03 – “Dwelling Units in Business (B-1) District” / Mr. John J. Bradshaw, Jr.

The purpose of said public hearing is for the PC to receive public input on a Special Use Permit application made pursuant to Zoning Ordinance Article 8, Section 1-10a (“Single family dwelling units, two family dwelling units, and multi-family dwelling units”). Specifically, the applicant seeks approval to “continue to allow an apartment use in a business-zoned building.” The subject property is located in the Lovingston Historic District at 652 Front Street; it is further identified as Tax Map Parcel #58B-3-32 and is zoned Business (B-1).

2.  Conditional Rezoning #2016-01 – Business (B-1) to Limited Industrial (M-1) Conditional / Old Hickory Buildings, LLC

The purpose of said public hearing is for the PC to receive public input on a Conditional Rezoning application made pursuant to Zoning Ordinance Article 16, Sections 1-1 and 4 (“Conditional zoning”). The subject property is located in Colleen at 3907 and 3965 Thomas Nelson Highway; it is further identified as Tax Map Parcel #76-A-1 and is zoned Business (B-1). The applicant seeks approval to rezone the subject property to Limited Industrial (M-1) Conditional to “allow for the manufacturing, storage, and display for the storage buildings for sale to the general public.” This rezoning application is made with the following proffered conditions: “[T]o limit the use of this property to the following uses: (i) To use the property as outside storage, display, and manufacturing of storage buildings for sale to the general public. (ii) Any new or additional outside lighting will be glare-shielded. (iii) The underground storage tanks shown on the plan will be removed.”

Following these public hearings, the Planning Commission may vote to forward either or both applications to the Board of Supervisors (BOS) (with a recommendation for approval; a recommendation for approval with recommended conditions; or a recommendation for denial) for action by the Board. Prior to taking any vote to approve, modify, or reject either of these applications, the BOS will also conduct a public hearing for each. A date for the public hearing(s) by the BOS has not yet been determined.

Copies of the above files are available for review in the Department of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Department of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 7/27/2016

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, July 27th in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:

1. Consideration of AFD Application #2016-01 to Expand Existing Greenfield Agricultural and Forestal District (AFD)

The purpose of said public hearing is for the Planning Commission to receive public input on one application requesting a voluntary expansion of the existing Greenfield AFD by 13.88 total acres, pursuant to Code of Nelson County, Virginia, Chapter 9 “Planning and Development,” Article V, “Agricultural and Forestal Districts.” The application requests inclusion of the following parcels to the Greenfield AFD:

Tax Map Parcel #13-10-1 – Marc Chanin – 2.43 acres (zoned A-1)
Tax Map Parcel #13-10-3 – Marc Chanin – 11.45 acres (zoned A-1)

Following the hearing, the Planning Commission may vote to forward this application to the Board of Supervisors (BOS) (with a recommendation for approval; a recommendation for approval with recommended conditions; or a recommendation for denial) for action by the Board. Prior to taking any vote to approve, modify, or reject this application, the BOS will also conduct a public hearing. A date for the public hearing by the BOS has not yet been determined.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 6/22/2016

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will be held on Wednesday, June 22nd at 7:00 p.m. in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston.

The purpose of such public hearing is to receive public input on proposed text amendments to the Code of the County of Nelson, Virginia, Appendix A – Zoning, Article 10 “General Floodplain District (FP),” which would modify the County’s floodplain management regulations and provisions in accordance with the Code of Federal Regulations and the National Flood Insurance Program. The proposed amendments include additions and modifications to the existing text for the purpose of achieving compliance and consistency with the minimum requirements contained in Virginia’s model ordinance (dated February 2015). A descriptive summary follows:

Throughout the Article the term Planning & Zoning Director is replaced with the term Floodplain Administrator.

In Section10.7, definitions for the following terms have been added: appurtenant or accessory structure, critical facilities, functionally dependent use, hydrologic and hydraulic engineering analysis, letter of map change, letter of map amendment, letter of map revision, conditional letter of map revision, lowest adjacent grade, post-FIRM structures, pre-FIRM structures, repetitive loss structure, severe repetitive loss structure, and shallow flooding area. The definitions of Board of Zoning Appeals, flood insurance rate map, flood insurance study, floodway, manufactured home, and substantial improvement have been revised.

In Section 10.13, “special use permit” is deleted and “zoning permit” substituted therefor. This change is also made in subsequent sections of the Article.

In Section 10.14, additional limitations are imposed on Special Flood Hazard Areas (SFHA):

L. No zoning permit shall be granted for any proposed critical facilities as defined by this ordinance within any SFHA. See 10.15-E.
M. No zoning permit shall be granted for the storage of hazardous materials for any time period longer than 30 days within any SFHA. See 10.15-F.
N. No zoning permit shall be granted for the placement of any non-native fill materials (such as fly ash or other waste by-products) within any SFHA. Only locally-borrowed mineral materials may be used as fill within a SFHA, and all such uses must first obtain the necessary permit approval(s) as required by this ordinance.

Section 10.15A and B are amended by increasing the existing twelve (12) inch freeboard requirement to an eighteen (18) inch freeboard requirement, such that the lowest floor of new structures and substantial improvements to existing structures would have to be located a minimum of one-and-a-half (1.5) feet above the Base Flood Elevation. Subsection E and F are added. Subsection E prohibits critical facilities from being constructed or operated within a SFHA. Such critical facilities are:
1. Structures or facilities that produce, use, store, or transport highly volatile, flammable, explosive, toxic, and/or water-reactive materials.
2. Hospitals, nursing homes, or other housing likely to have occupants who may not be sufficiently capable of avoiding injury or death during a flood.
3. Police stations, fire departments, rescue squads, and/or emergency operations centers and equipment storage facilities which are needed for flood response activities before, during, and after a flood.
4. Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood.

Subsection F prohibits hazardous materials:
1. The storage of Acetone, Ammonia, Benzene, Calcium carbide, Carbon disulfide, Celluloid, Chlorine, Hydrochloric acid, Magnesium, Nitric acid, Oxides of nitrogen, Phosphorus, Potassium, Prussic acid, Sodium, and/or Sulfur is prohibited in a SFHA.
2. The storage of Acetylene gas containers, Storage tanks, Lumber/buoyant items, Gasoline, Charcoal/coal dust, Petroleum products, and/or Natural gas for any time period longer than 30 days is prohibited in a SFHA.

Section 10.17 is revised to state that permitted uses in the floodway may only be non-structural.

Section 10-20D modifies the requirements to report the Base Flood Elevation on subdivision plats, in accordance with the minimum requirements contained in Virginia’s model ordinance, by requiring that the Base Flood Elevation be identified and included on a subdivision plat if the plat includes more than eleven (11) lots or more than five (5) acres, whichever is lesser.

Section 10.22 is revised to eliminate the special use permit references thereby achieving consistency with Virginia’s model ordinance, clarifying that a variance granted by the Board of Zoning Appeals is the proper procedure for relief from a hardship caused by the Article, and allowing the Board of Zoning Appeals to refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance, at the applicant’s expense.

Section 24 is added establishing that the Planning and Zoning Director is the Floodplain Administrator and sets out the extensive administrative duties of the administrator and the process for boundary changes and map revisions.

The full text of the proposed ordinance amendments is available for public inspection in the Department of Planning & Zoning, 80 Front Street, Lovingston, VA, 22949, M-F, 9:00 a.m. to 5:00 p.m. For more information, please call the Dept. of Planning & Zoning, (434) 263-7090, or County Administration, (434) 263-7000, or toll free, (888) 662-9400, selections 4 and 1.

Following the hearing, the Planning Commission may vote to forward the proposed text amendments to the Board of Supervisors with a formal recommendation for adoption or adoption with modifications, or may continue their review of the proposed amendments in response to public input received during the hearing.

NOTICE OF PUBLIC HEARING: 5/25/2016

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, May 25th in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:

1.  Special Use Permit #2016-01 – Ms. Elizabeth Jackson

Consideration of a Special Use Permit (SUP) application made pursuant to Zoning Ordinance Article 5 (“Residential District R-1”), Section 5-1-2a (“Double-wide mobile home mounted on a permanent concrete or block foundation”). Specifically, the applicant requests approval to replace a former single-family dwelling which was damaged in a structure fire with a double-wide manufactured home. The subject property is a 2.0-acre parcel located in Afton at 1617 Avon Road; it is further identified as Tax Map Parcel #7-A-25 and is zoned Residential (R-1) and Agricultural (A-1).

Following the hearing, the Planning Commission may vote to forward this SUP application to the Board of Supervisors (with a recommendation for approval; a recommendation for approval with recommended conditions; or a recommendation for denial) for action by the Board. Prior to taking any vote to approve, modify, or reject this application, the Board of Supervisors will also conduct a public hearing. A date for the public hearing by the Board of Supervisors has not yet been determined.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 3/23/2016

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, March 23rd in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:

1. Consideration of Proposed Amendments to Zoning Ordinance Regarding “Uses – Permitted by Special Use Permit Only” in Limited Industrial (M-1) District

Consideration of amendments to Zoning Ordinance Article 18 (“Limited Industrial M-1”) that were initially referred to the Planning Commission by the Board of Supervisors on January 12, 2016. The full text of the proposed amendments is available for public inspection at the Planning & Zoning office; a descriptive summary of the proposed amendments is as follows:

ARTICLE 18. LIMITED INDUSTRIAL M-1

Amend Section 18-3 (“Uses – Permitted by Special Use Permit only.”) as follows:

18-3-1: Replace “Any use requiring outside storage or displays” with “Any by-right use or permissible accessory use requiring outside storage or displays”

18-3-10: Replace “Reserved for future use” with “Contractors’ equipment storage yard”

Following the hearing, the Planning Commission may vote to forward the amendments to the Board of Supervisors with a recommendation for adoption, or with a recommendation for adoption with modifications, for review and action by the Board, which may adopt a resolution or ordinance to approve, modify, or reject an item. The Board of Supervisors must first conduct a properly-advertised public hearing before taking a vote to adopt, reject, or adopt with modification the proposed amendments.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

PUBLIC NOTICE OF SPECIAL MEETING

DATE: February 24, 2016
ACTIVITY: Planning Commission Work Session
PURPOSE: Continued review of proposed amendments to the Nelson County Zoning Ordinance (Board of Supervisors Resolution R2015-68 – “Temporary Events, Festival Grounds, and Out-of-Door Accessory Uses”)

In accordance with Code of Virginia §2.2-3707, this public notice is provided to inform the public that the Nelson County Planning Commission will be conducting a Work Session on Wednesday, February 24th beginning at 6:00 pm in the General District Courtroom, on the 3rd Floor of the County Courthouse, Lovingston.

The purpose of this Work Session special meeting is to continue the Commission’s review of proposed amendments to the Nelson County Zoning Ordinance regarding the definition and certain regulations designed to: address temporary uses in districts where such uses would not otherwise be permissible; establish certain criteria for the approval or disapproval of such temporary uses; and provide requirements for the permitting and conduct of such uses. The proposed Article would also require the issuance of a Special Use Permit for properties where the intended use envisions large scale events, and would provide for the regulation of out-of-door activities conducted as an accessory use to certain permitted commercial uses. The proposed Article is not intended to regulate, and would not regulate, the traditional non-commercial use of property by its owners.

Specifically, the proposed amendments were referred to the Planning Commission on August 11, 2015 by the Board of Supervisors in Resolution R2015-68 – “Temporary Events, Festival Grounds, and Out-of-Doors Accessory Uses.” These proposed amendments would affect the following zoning districts: Agricultural A-1, Business B-1, Business B-2, and Service Enterprise SE-1. The Planning Commission conducted a public hearing on these proposed amendments on January 27, 2016.

Copies of the proposed Ordinance amendments are available for public inspection in the Department of Planning & Zoning, 80 Front Street, and in the Office of the County Administrator, 84 Courthouse Square, both in Lovingston, VA, 22949, from Monday through Friday, between 9:00 a.m. and 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. The proposed Ordinance amendments will also be available for download on the County Calendar under the February 24th Planning Commission Work Session event at http://www.nelsoncounty-va.gov/events/category/county-calendar/2014-08/.

NOTICE OF PUBLIC HEARING: 1/27/2016

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, January 27th in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:

1. Special Use Permit #2015-18 – “Banquet Hall” / Mr. Armand Thieblot

Consideration of a Special Use Permit application made pursuant to Zoning Ordinance §4-1-4a (“banquet hall”). Specifically, the applicant wishes to “allow for subdivision of property to be used as a banquet hall”. The subject property is located in Schuyler at 1981 Salem Road; it is further identified as Tax Map Parcel #61-A-23 and is zoned Agricultural (A-1).

2. Consideration of Proposed Amendments to Zoning Ordinance Regarding “Temporary Events, Festival Grounds, and Out-of-Door Accessory Uses”

Consideration of Zoning Ordinance amendments that were initially referred to the Planning Commission by Board of Supervisors Resolution R2015-68 (“Temporary Events, Festival Grounds, and Out-of-Door Accessory Uses”). The full text of the proposed amendments is available for public inspection at the Planning & Zoning office; and a descriptive summary of the proposed amendments is as follows:

ARTICLE 24. TEMPORARY EVENTS, FESTIVAL GROUNDS, OUT-OF-DOORS ACCESSORY USES

The proposed Article provides regulations designed to address temporary uses in districts where such uses would not otherwise be permissible, establishes criteria for the approval or disapproval of such temporary uses, and provides requirements for the permitting and conduct of such uses. The Article also requires for the issuance of a Special Use Permit for properties where the intended use envisions large scale events, and provides for the regulation of out-of-door activities conducted as an accessory use to certain permitted commercial uses. The Article is not intended to regulate, and does not regulate, the traditional non-commercial use of property by its owners.

24-1. Definitions are created for Agritourism Activity; Festival Grounds; Out-of-Door, Accessory Use; Temporary Event; Temporary Event, Historical Property; Temporary Event, Non-Profit; and, Temporary Event, Social.

Out-of-Door, Accessory Use provides that: The following out-of-door activities are accessory uses to a Banquet Hall, Conference Center, Corporate Training Center, Restaurant, Brewery, and Distillery: receptions, dining, and entertainment, such as musical or small band performances, which (i) are conducted in connection with the primary permitted use, (ii) do not involve amplified sound later than 9:00 p.m. on Sundays through Thursdays or later than 10:00 p.m. on Fridays or Saturdays, and (iii) hosts less than 1,000 attendees at any one time during the activity. Unless otherwise specified in (ii), all such accessory activities are limited to 10:00 p.m. on Sundays through Thursdays, and are limited to 11:00 p.m. on Fridays and Saturdays.

24-2. A Temporary Event Permit is required for Temporary Events defined in this subsection as either Category 1, 2, or 3.

24-2-A. Lists Temporary Events exempted from Temporary Event Permit requirements and fees: Private non-commercial functions conducted on the property of the host, Social Temporary Events where permitted by right, Historical Property Temporary Events, Non-Profit Temporary Events having or projecting less than 1,000 attendees at any time during the event, Athletic and sporting events conducted on sites approved for such events, Political gatherings, Religious gatherings, Out-of-Door Accessory Uses, and Farm winery and Agritourism activities conducted between the hours of 7:00 a.m. and 7:00 p.m.

24-2-B. Provides that a Category 1 Temporary Event is any event which is neither an otherwise permitted use nor exempt and (i) for which admission is charged or at which goods and services are sold, having or projecting less than 1,000 attendees, or, (ii) is a Non-Profit Temporary Event having or projecting more than 1,000 attendees, or, (iii) is a Farm winery or Agritourism activity conducted after 7:00 p.m. and having or projecting less than 1000 attendees. Contains limitations on duration and amplified sound.

24-2-C. Provides that a Category 2 Temporary Event is any event which is neither an otherwise permitted use nor exempt, for which admission is charged or at which goods and services are sold, having or projecting 1,000 or more attendees but less than 10,000 attendees. Contains limitations on duration and amplified sound.

24-2-D. Addresses structures used for either a Category 1 or 2 event.

24-2-E. Defines a Category 3 Temporary Event as any event having or projecting more than 10,000 attendees and requires a Special Use Permit for Festival Grounds, provides for review of a Festival Grounds Special Use Permit by the Board of Supervisors every five (5) years after which the Board may renew, revoke, or modify its terms and conditions, and contains limitations on duration and amplified sound.

24-2-F. For the purposes of Article 24, defines “applicant” to include the members of an applicant’s immediate family or an affiliated business entity relationship and lists factors.

24-3A and B. Lists six factors to be considered by the Planning and Zoning Director when determining whether a Temporary Event Permit will be issued and limitations the Director may impose.

24-3-C. Provides a chart listing the number of non-exempt Temporary Events which may be conducted in a calendar year by property category type.

Type of Property                            Category 1            Category 2            Category 3
Farm Winery or Bona Fide                16                             8                            4
Agricultural Operation, the
aggregate acreage of which is equal
to or greater than 250 acres*

Farm Winery or Bona Fide                12                             6                            3
Agricultural Operation, the
aggregate acreage of which is less
than 250 acres*

Any other property zoned A-1, B-1,    8                            4                            2
B-2, or SE-1**

*Contiguous parcels under the same or different ownership or control may be aggregated to attain the minimum acreage.
**Category 3 Temporary Events are not permissible in Service Enterprise District (SE-1)

24-3-D. Permits the Director to issue a single Temporary Event Permit for more than one Temporary Event.

24-3-E. Establishes Temporary Event Permit application requirements and fees.

In addition to the proposed introduction of Article 24, the following amendments are also proposed for existing Articles:

Article 4. Agricultural District (A-1)
Remove the following: Temporary events not otherwise a permitted use may be allowed pursuant to a Special Events Permit for a specified time period. […]

Add the following:

4-1 Uses – Permitted by right:
Agritourism Activity
Social Temporary Event, provided that there are no more than fifty such events in a calendar year and that any noise generated by the event is not discernible by adjoining landowners.

Category 1 Temporary Event
Category 2 Temporary Event
Category 3 Temporary Event in connection with a Festival Grounds Special Use Permit

4-1a Uses – Permitted by Special Use Permit Only:
Festival Grounds

Article 8. Business District (B-1)

Add the following:
8-1 Uses – Permitted by right:
Category 1 Temporary Event
Category 2 Temporary Event
Category 3 Temporary Event in connection with a Festival Grounds Special Use Permit

8-1a Uses – Permitted by Special Use Permit Only:
Festival Grounds

Article 8A. Business District (B-2),

Add the following:
8A-1 Uses – Permitted by right:
Category 1 Temporary Event
Category 2 Temporary Event
Category 3 Temporary Event in connection with a Festival Grounds Special Use Permit

8A-1a Uses – Permitted by Special Use Permit Only:
Festival Grounds

Article 8B. Service Enterprise District (SE-1)

Add the following:
8B-1 – Uses – Permitted by right:
Category 1 Temporary Event
Category 2 Temporary Event

Following the hearing, the Planning Commission may vote to approve or deny an agenda item, or to forward an agenda item to the Board of Supervisors, as applicable. The agenda items requiring Board of Supervisors’ review and approval will be forwarded (with a recommendation for approval, a recommendation for approval with conditions, or a recommendation for denial) for action by the Board, which may adopt a resolution or ordinance to approve, modify, or reject an item.

The Nelson County Board of Supervisors will hold a public hearing on Tuesday, February 9, 2016 at 7:00 p.m. on those items referred to it by the Planning Commission. The meeting will be held at the location listed above. The following items are scheduled to be considered:

1. Special Use Permit #2015-18 – “Banquet Hall” / Mr. Armand Thieblot
Consideration of an application as described above in Item 1.

Copies of the above files are available for review in the Dept. of Planning & Zoning office,
80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 12/7/2015

In accordance with Section 15.2 of the Code of Virginia, 1950, as amended, and pursuant to Sections 15.2-2285, 5.2-2310, and 15.2-2204 of the Code of Virginia, as amended, the Nelson County Board of Zoning Appeals hereby gives notice that a Public Hearing is scheduled for Monday, December 7, 2015, at 7:30 p.m., in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square in Lovingston, for the following:

1. Special Use Permit #2015-16 – Mr. Wesley S. Korab

The BZA will consider a request by Mr. Korab for a Special Use Permit pursuant to Article 14, Section 2-1a of the Nelson County Zoning Ordinance. Specifically, the applicant seeks approval “to build a 26’ x 32’ shed/garage…prior to building [a] 3 bedroom home.” This application is for a 2.29-acre property which is owned by the applicant and which is located on Rhue Hollow Road in the Horseshoe Mountain Subdivision in Nellysford. The subject property is further identified as Tax Map Parcel #31-6-7, which is zoned Agricultural (A-1).

2. Special Use Permit #2015-17 – Mr. Thomas S. Carpenter

The BZA will consider a request by Mr. Carpenter for a Special Use Permit pursuant to Article 10, Section 13-A of the Nelson County Zoning Ordinance. The request seeks approval for development within a floodplain district. Specifically, the applicant’s reason for request is, “for permits to approve already built structure to get access to build home.” This application is for a 5.72-acre property which is owned by the applicant and which is located on Buck Creek Lane in Faber. The subject property is further identified as Tax Map Parcel #35-3-A, which is zoned Agricultural (A-1) and General Floodplain (FP).

Copies of the above files are available for review in the Nelson County Department of Planning and Zoning, located at 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Alternately, you may call the Planning and Zoning Office at 434 263-7090 or toll free at 888-662-9400, selections 4 and 1.

Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon prior request.

NOTICE OF PUBLIC HEARING: 11/18/2015

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, November 18th in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:

1. Special Use Permit #2015-15 – “Dwelling” / Mr. Michael Tapager

Consideration of a Special Use Permit application made pursuant to Zoning Ordinance §8-1-10a (“single family dwelling units, two family dwelling units, and multi-family dwelling units”). Specifically, the applicant wishes to re-establish the traditional use of a residential dwelling within the upper stories of an existing building in the Lovingston Historic District. The subject property is located in Lovingston at 622 Front Street; it is further identified as Tax Map Parcel #58B-3-2 and is zoned Business (B-1).

Following the hearing, the Planning Commission may vote to forward the application to the Board of Supervisors with a recommendation for approval, denial, or approval with recommended conditions. A date for the Board of Supervisors’ review and public hearing for this application has not yet been set. After public hearing by the Board, the application may be approved, modified, or rejected.

2. Consideration of Proposed Amendments to Zoning Ordinance Regarding “Bed & Breakfast Uses” and Transient Lodging Uses

Consideration of Zoning Ordinance amendments that were initially referred to the Planning Commission by Board of Supervisors Resolution R2105-66 (“Bed & Breakfast Uses”). The full text of the proposed amendments is available for public inspection at the Planning & Zoning office; and a descriptive summary of the proposed amendments is as follows:

The proposed amendments include the definition or redefinition of numerous land uses related to transient lodging and dwellings, including: “Bed and breakfast, Class A,” “Bed and breakfast, Class B,” “Boardinghouse,” “Campground,” “Dwelling,” “Dwelling, single-family detached,” “Home occupation, class A,” “Home occupation, class B,” “Hotel,” “Tent,” “Transient,” “Transient lodging,” “Travel Trailer,” and “Vacation House.” The existing “Boardinghouse, tourist home” and “Tourist home” definition would be eliminated.

The proposed amendments also include new or revised regulations regarding which zoning districts those uses are permissible in as a by-right use, as a special use, or as a use not permissible.

Affected sections of the ordinance would include Article 2 (“Definitions”), Article 4 (“Agricultural District A-1”), Article 5 (“Residential District R-1”), Article 6 (“Residential District R-2”), Article 8 (“Business District B-1”), Article 8A (“Business District B-2”), and Article 8B (“Service Enterprise District SE-1”).

Following the hearing, the Planning Commission may vote to forward the amendments to the Board of Supervisors with their recommendation for adoption and enactment. A date for the Board of Supervisors’ review and public hearing for these amendments has not yet been set. After public hearing by the Board, the amendments may be approved, modified, or rejected.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 10/28/2015

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, October 28, 2015 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

1. Special Use Permits #2015-10; -11; -12; -13; and -14 – “Spruce Creek Resort & Market” / Richard Averitt IV

Consideration of Special Use Permit applications seeking approval to “build a small grocery/market for the sale of local foods and goods; build a banquet hall to be used for weddings, meetings, etc…and provide lodging cottages provisions for overnight stays; build a small spa with a few cabins for guest use and public use; build a restaurant on an A-1 zoning property; and to build a tasting venue for off-site wineries.” These applications have been submitted pursuant to Zoning Ordinance §4-1-35a (“retail store, neighborhood”); §4-1-13a (“conference center”); §4-1-44a (“activity center”); §4-1-34a (“restaurant”); and §4-1-16a (“farm winery permanent remote retail establishment”). The subject property is located on Rockfish Valley Highway and is identified as Tax Map Parcels #21-A-35 and -36, consisting of 98.21-acres zoned Agricultural (A-1).

Following the hearing, the Planning Commission may vote to forward the applications to the Board of Supervisors with a recommendation for approval, denial, or approval with recommended conditions. The Board of Supervisors will review the applications and conduct public hearings for these applications at their November meeting, the date for which has not yet been finalized. After public hearing(s) by the Board, the applications may be approved, modified, or rejected.

Copies of the application materials are available for public inspection in the Department of Planning & Zoning, 80 Front Street, and in the Office of the County Administrator, 84 Courthouse Square, both in Lovingston, VA, 22949, from Monday through Friday, between 9:00 a.m. and 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. The items contained in this legal notice will also be available for download on the County Calendar under the October 28th Planning Commission meeting event at http://www.nelsoncounty-va.gov/events/category/county-calendar/.

NOTICE OF PUBLIC HEARING: 9/29/2015

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2214, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Tuesday, September 29, 2015 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

1. Special Use Permits #2015-07, -08, and -09 – “The Monarch” / Viridian Properties, LLC – Wendy Summer and Michael Matthews

Consideration of Special Use Permit applications seeking approval to “provide for the establishment of The Monarch, a Nelson County Inn and Farm: an inn, restaurant, and spa.” These applications have been submitted pursuant to Zoning Ordinance §4-1-13a (“conference center”); §4-1-34a (“restaurants”); and §4-1-44a (“activity center”). The subject property is located at 559 Rockfish School Lane and is identified as Tax Map Parcel #12-A-52, consisting of 114.42 acres zoned Agricultural (A-1).

Copies of the application materials and proposed Ordinance amendments are available for public inspection in the Department of Planning & Zoning, 80 Front Street, and in the Office of the County Administrator, 84 Courthouse Square, both in Lovingston, VA, 22949, from Monday through Friday, between 9:00 a.m. and 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. The items contained in this legal notice will also be available for download on the County Calendar under the Planning Commission meeting event at http://www.nelsoncounty-va.gov/events/category/county-calendar/.

NOTICE OF PUBLIC HEARING: 9/23/2015

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, September 23, 2015 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

1. Special Use Permit #2015-04 – “Wintergreen Brewery” / Frederick Phillips

Consideration of Special Use Permit application seeking approval to operate a brewery in an existing structure. This application has been submitted pursuant to Zoning Ordinance §8-1-12a (“brewery”). The subject property is located on 2188 Rockfish Valley Highway and is identified as Tax Map Parcel #21-5-1C, consisting of 3.23-acres zoned Business (B-1).

Following the hearing, the Planning Commission may vote to forward the applications to the Board of Supervisors with a recommendation for approval, denial, or approval with recommended conditions. A date for the Board of Supervisors’ review and public hearing for these applications has not yet been set. After public hearing by the Board, the application may be approved, modified, or rejected.

NOTICE OF PUBLIC HEARING: 9/14/2015

In accordance with Section 15.2 of the Code of Virginia, 1950, as amended, and pursuant to Sections 15.2-2285, 5.2-2310, and 15.2-2204 of the Code of Virginia, as amended, the Nelson County Board of Zoning Appeals hereby gives notice that a Public Hearing is scheduled for Monday, September 14, 2015, at 7:30 p.m., in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square in Lovingston, for the following:

1. Special Use Permit #2015-06 – Mr. Damon Roussos
The BZA will consider a request by Mr. Damon Roussos for a Special Use Permit pursuant to Article 10, Section 10-13 of the Nelson County Zoning Ordinance. Specifically, the applicant seeks approval “to build a bridge [10’ wide by 33.3’ long] that will span Buck Creek, so that I will have vehicular access to my future house site on the lot. The bridge will be located within the FEMA 100 year floodplain; however, the bottom surface elevation of the bridge will be placed above the 100 year floodline evaluation of Buck Creek.” This application is for a 5.735-acre property which is owned by the applicant and which is located on Buck Creek Lane in Faber. The subject property is further identified as Tax Map Parcel #35-3-B, which is zoned Agricultural (A-1) and General Floodplain (FP).

Copies of the above files are available for review in the Nelson County Department of Planning and Zoning, located at 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Alternately, you may call the Planning and Zoning Office at 434 263-7090 or toll free at 888-662-9400, selections 4 and 1.

Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon prior request.

NOTICE OF PUBLIC HEARING: 8/26/2015

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, August 26, 2015 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

1. Consideration of Application to Expand Existing Davis Creek Agricultural and Forestal District (AFD)

The purpose of said public hearing is for the Planning Commission to receive public input on one application requesting an expansion of the existing Davis Creek AFD, pursuant to Code of Nelson County, Virginia, Chapter 9 “Planning and Development,” Article V, “Agricultural and Forestal Districts.” The application details for this requested expansion are as follows:

AFD Application #2014-05: Scelzi

Tax Map Parcel #44-A-29B – Michael Scelzi – 165.08 acres

2. Consideration of Application to Expand Existing Greenfield Agricultural and Forestal District (AFD)

The purpose of said public hearing is for the Planning Commission to receive public input on an application requesting an expansion of the existing Greenfield AFD, pursuant to Code of Nelson County, Virginia, Chapter 9 “Planning and Development,” Article V, “Agricultural and Forestal Districts.” The application details for this requested expansion are as follows:

AFD Application #2014-06: Burton

Tax Map Parcel #12-A-113A – Erin Johnson & Kim Grosner – 3.83 acres
Tax Map Parcel #24-4-B – Paul Gifford Childs & Amy Larson Childs – 162.07 acres
Tax Map Parcel #24-3-Y – Thomas E. Proulx, Phillipa Proulx, & Maya Proulx – 5.43 acres
Tax Map Parcel #13-A-35C – Freeman Mowrer & Mary Connolly Mowrer – 12.6 acres
Tax Map Parcel #24-A-8 – Aristedes Avgeris & Despina Avgeris – 74.5 acres

3. Special Use Permit #2015-05 – “Evans’ Cabins” / Bill & Becky Evans

Consideration of a Special Use Permit application seeking approval to construct six (6) over-night temporary-stay cabins and one (1) full-time residential house along with necessary utilities and access drives, pursuant to §4-1-25a of the Zoning Ordinance. The subject property is located in Beech Grove in Roseland and is identified as Tax Map Parcel #31-A-39A; it consists of 4.99 acres zoned Agricultural (A-1).

Following the hearing, the Planning Commission may vote to forward the applications to the Board of Supervisors with a recommendation for approval, denial, or approval with recommended conditions. A date for the Board of Supervisors’ review and public hearing for these applications has not yet been set. After public hearing by the Board, the application may be approved, modified, or rejected.

Copies of the application materials and proposed Ordinance amendments are available for public inspection in the Department of Planning & Zoning, 80 Front Street, and in the Office of the County Administrator, 84 Courthouse Square, both in Lovingston, VA, 22949, from Monday through Friday, between 9:00 a.m. and 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. The items contained in this legal notice will also be available for download on the County Calendar under the August 26th Planning Commission meeting event at http://www.nelsoncounty-va.gov/events/category/county-calendar/.

NOTICE OF PUBLIC HEARING: 7/6/2015

In accordance with Section 15.2 of the Code of Virginia, 1950, as amended, and pursuant to Sections 15.2-2285, 5.2-2310, and 15.2-2204 of the Code of Virginia, as amended, the Nelson County Board of Zoning Appeals hereby gives notice that a Public Hearing is scheduled for Monday, July 6th, 2015, at 7:30 p.m., in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square in Lovingston, for the following:

Variance Request #2015-01 / Ms. Melissa Cash Tenorio
Consideration of a request submitted by Ms. Melissa Cash Tenorio, dated June 12, 2015, for a variance pursuant to Article 14, Sections 14-2-4 of the Nelson County Zoning Ordinance. The applicant seeks a nine (9) foot variance from the Setback Regulations required in Article 4, Section 3 “Setback regulations.” This application is for a 1-acre property at 866 Fox Hollow Road, in Afton, further identified as Tax Map Parcel #6-A-79.

Zoning Appeal #2015-03 / Mr. Justin Shimp, Mr. Ray & Mrs. Nellie Koon, and Ms. Vanessa Schroeder
Consideration of a petition submitted by Mr. Justin Shimp, Mr. Ray and Mrs. Nellie Koon, and Ms. Vanessa Schroeder (dated June 14, 2015) seeking to appeal and reverse the Zoning Administrator’s zoning determination dated May 15, 2015. The petitions states that, “there are several errors within the statements of the Zoning Administrator,” and that “[t]he Zoning Administrator erred in making the determination for a variety of reasons.”

Specifically, the petitioners are appealing the Zoning Administrator’s actions as follows: the implied determination that the proposed assembly, modification, and light manufacturing of firearms is a permissible primary use in the Industrial (M-2) zoning district; the determination that the proposed interior testing of modified and/or assembled firearms is permissible in the Industrial (M-2) zoning district as a permissible accessory use to the assumed permissible primary use of wholesale business, storage warehouse, and assembly, modification, and light manufacturing of firearms; and the determination that an accessory use of any kind is permissible in the Industrial (M-2) zoning district.

The petition specifically requests that the BZA reverse the decision of the Zoning Administrator and find the following: that the assembly of firearms is not a permissible primary use in the Industrial (M-2) zoning district; that the testing of firearms is not permissible as an accessory use in the Industrial (M-2) zoning district; and that the Industrial (M-2) zoning district does not provide or allow for any accessory uses.

Copies of the above files are available for review in the Nelson County Department of Planning and Zoning, located at 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Alternately, you may call the Planning and Zoning Office at 434 263-7090 or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon prior request.

NOTICE OF PUBLIC HEARING: 6/24/2015

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, June 24th in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:
Public Hearing

Special Use Permit #2015-03 – “Dance Hall” / Jose & Elpidia Gaona
Consideration of a Special Use Permit application seeking approval to operate a “dance hall” pursuant to §8-1-3a of the Zoning Ordinance. Specifically, the applicant wishes to operate a dance hall on Friday nights and Saturday nights, remaining in operation until 2:00AM the following morning(s). The requested dance hall would be co-located with “La Michoacana Authentic Mexican Taqueria & Restaurant” (which is a permissible by-right use, and which received County zoning approval via Minor Site Plan #2015-03 on May 27, 2015). The subject  property is owned by Mr. Joe Lee McClellan and is located in Lovingston at 37 Tanbark Place; it is further identified as Tax Map Parcels #58B-A-36 and #58B-A-37 which are zoned Business (B-1).

Following the hearing, the Planning Commission may vote to forward the application to the Board of Supervisors with a recommendation for approval, denial, or approval with recommended conditions. A date for the Board of Supervisors’ review and public hearing for this application has not yet been set. After public hearing by the Board, the application may be approved, modified, or rejected.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 6/1/2015

In accordance with Section 15.2 of the Code of Virginia, 1950, as amended, and pursuant to Sections 15.2-2285, 5.2-2310, and 15.2-2204 of the Code of Virginia, as amended, the Nelson County Board of Zoning Appeals hereby gives notice that a Public Hearing will start at 7:30 p.m., Monday, June 1, 2015, in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia. The purpose of this hearing is to consider the following:

Zoning Appeal #2015-02 – Mr. Justin Shimp
Consideration of a petition dated April 23, 2015, submitted by Mr. Justin Shimp, seeking to appeal the County’s approval of Major Site Plan #2014-005 (“Zenith Quest – Afton Mountain”). The Nelson County Planning Commission provided Major Site Plan #2014-005 with conditional approval on January 28, 2015; and the Zoning Administrator subsequently provided the final approval signature on the plan on March 26th after determining that the four pending conditions established by the Planning Commission had been properly satisfied by the applicant. A specific focus of Appeal #2015-02 is “condition #3” which reads: “A written clarification should be provided of the availability of Family Lane as legal access for Nelson County fire department.” The appeal states that, “The Zoning Administrator is responsible for determining information presented meets the applicable standards for review and addresses the requirements of the site plan ordinance,” and that, “The [Planning] Commission erred in accepting the information presented as satisfaction of “condition #3.” The appeal also states that the approval signature of the Zoning Administrator, “…was based upon an erroneous decision by the planning commission, which was predicated on the Zoning Administrator failing to provide appropriate guidance on information that was required to make positive determination on satisfaction of condition #3.” The petitioner requests that the BZA “reverse the decision of the [Planning] Commission and revoke the approval given for the site development plan.”

Copies of the files referenced above are available for review in the Department of Planning and Zoning, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. or you may call the Planning and Zoning Office at 434 263-7090 or toll free at 888-662-9400, selections 4 and 1.

NOTICE OF PUBLIC HEARING: 5/27/2015 — UPDATED

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, May 27th in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:

1. Rezoning #2015-01 – Mountain Sports Retail Space / Mr. Joseph B. Kober
Consideration of an application to rezone two parcels, consisting of 6.06 acres from Residential (R-1) to Business (B-1). The subject properties are identified as Tax Map Parcels #22-A-18 (owned by Claude Malcolm Dodd) and #22-A-19 (owned by Herbert F. Hughes), and are located at 2950 Rockfish Valley Highway in Nellysford. Specifically, the applicant wishes to rezone the properties to construct an 8,000 square foot “retail store” and accompanying parking lot on the subject properties.

2. Special Use Permit #2015-02 – “Halls Family Auto Clinic” / Donald & Cindy Hall
Consideration of a Special Use Permit application seeking approval to operate a “public garage” pursuant to §4-1-18a of the Zoning Ordinance. The subject property is identified as Tax Map Parcel #6-A-94B, and is located at 47 Mill Lane in Afton. This is a 1.02-acre parcel zoned Agricultural (A-1), and is owned by Gary Bryant.

Following the hearing, the Planning Commission may vote on a resolution or ordinance to adopt, modify, or reject an item. The items requiring Board of Supervisors’ review and approval will be forwarded for action by the Board, which may adopt a resolution or ordinance to approve, modify, or reject an item.

The Nelson County Board of Supervisors will hold a public hearing on Tuesday, June 9, 2015 at 7:00 p.m. on those items referred to it by the Planning Commission. The meeting will be held at the location listed above. The following items are scheduled to be considered:

1. Rezoning #2015-01 – Mountain Sports Retail Space / Mr. Joseph B. Kober
Consideration of an application as described above in Item 1.

2. Special Use Permit #2015-02 – “Halls Family Auto Clinic” / Donald & Cindy Hall
Consideration of an application as described above in Item 2.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 5/4/2015

In accordance with Section 15.2 of the Code of Virginia, 1950, as amended, and pursuant to Sections 15.2-2285, 5.2-2310, and 15.2-2204 of the Code of Virginia, as amended, the Nelson County Board of Zoning Appeals hereby gives notice that a Public Hearing will start at 7:30 p.m., Monday, May 4, 2015, in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia. The purpose of this hearing is to consider the following:

Zoning Appeal #2015-01 – Mr. Justin Shimp:
Consideration of a petition dated April 2, 2015, submitted by Mr. Justin Shimp, seeking to appeal the Zoning Administrator’s approval of the revised final landscape plan for Major Site Plan #2014-005 (Zenith Quest International). The Nelson County Planning Commission provided Major Site Plan #2014-005 with conditional approval on January 28, 2015. The Zoning Administrator subsequently determined that the revised final landscape plan (dated February 11) satisfied the terms of the applicable condition, and approved the landscape plan on March 4. The petition states that, “As a neighbor of this proposed development, and a citizen of the County, I am aggrieved by this decision. Inadequate enforcement of zoning regulations are detrimental to the character of the neighborhood and to property values of nearby homes. On behalf of my family and my neighbors, I feel obliged to object to this plan – with inadequate design features – and to the approval granted by the Zoning Administrator. In accordance with section 14-4 of the Nelson County zoning ordinance, I hereby offer to the board of Zoning Appeals the facts which demonstrate that the landscape plan, as proposed and as approved by the Zoning Administrator, meets neither the conditions as imposed by the Planning Commission nor the Zoning Ordinance.”

Copies of the files referenced above are available for review in the Department of Planning and Zoning, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. or you may call the Planning and Zoning Office at 434 263-7090 or toll free at 888-662-9400, selections 4 and 1.

NOTICE OF PUBLIC HEARING: 4/22/2015

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to Section 15.2-2204, Section 15.2-2285, Section 15.2-2310, and Section 15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, April 22, 2015 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

1. Consideration of Proposed Amendments to Zoning and Subdivision Ordinances:
Consideration of proposed amendments to the Nelson County Zoning and Subdivision Ordinances as detailed in a November 5, 2014 draft, referred to the Planning Commission by Board of Supervisors Resolution R2015-20 at the March 10th Board of Supervisors meeting. The proposed amendments reflect the County’s decision to have the Virginia Department of Environmental Quality (DEQ) administer the Local Stormwater Management Program inclusive of DEQ being the recipient of and approving authority of local stormwater management plans. Additionally, in accordance with state law, “stormwater management BMPs/facilities” have been added within the Zoning Ordinance and Subdivision Ordinance as: requirements of preliminary and final subdivision plats, requirements for subdivision proposals, design criteria for utilities and facilities, requirements of Major Site Plans, and required improvements.

Affected Sections of the Subdivision Ordinance include: Sections 4-3 and 5-5;
Affected Sections of the Zoning Ordinance include: Article 10, Sections 10-16, 10-20, and 10-21 and Article 13, Sections 13-4, 13-6-1, and 13-7

Following the hearing, the Planning Commission may vote on a resolution or ordinance to adopt, modify, or reject an item. The items requiring Board of Supervisors’ review and approval will be forwarded for action by the Board, which may adopt a resolution or ordinance to approve, modify, or reject an item.

The full text of the proposed Ordinance Amendments are available for review in the Planning and Zoning Office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Planning and Zoning Office, 434 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodations will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 3/25/2015

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, March 25, 2015 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

1. Consideration of Applications to Expand Existing Davis Creek Agricultural and Forestal District (AFD)

The purpose of said public hearing is for the Planning Commission to receive public input on two applications requesting an expansion of the existing Davis Creek AFD, pursuant to Code of Nelson County, Virginia, Chapter 9 “Planning and Development,” Article V, “Agricultural and Forestal Districts.” The following applications and properties are included in the requested expansion:

AFD Application #2014-01: Bolton

Tax Map Parcel #44-A-28 – Earnest John Fritschi – 37.86 acres
Tax Map Parcel #44-A-30A – Bernard F. Haxel – 18.61 acres
Tax Map Parcel #44-A-26C – Jeanne Shreves – 10.0 acres
Tax Map Parcel #44-A-26A – Jeanne Shreves – 15.69 acres
Tax Map Parcel #44-A-30 – James R. Bolton & Marcia G. Gibbons – 37.22 acres
Tax Map Parcel #44-A-30B – Carol Scott Life Estate – 18.61 acres
Tax Map Parcel #44-1-2 – Helen Chapman – 78.9 acres

AFD Application #2014-02: Derdeyn

Tax Map Parcel #45-A-10H – Virginia Anne Evans Trustee – 5.34 acres
Tax Map Parcels #45-A-15; #45-A-15A – Derdeyn Revocable Trusts – 5.7 acres

2. Consideration of Application to Expand Existing Dutch Creek Agricultural and Forestal District (AFD)

The purpose of said public hearing is for the Planning Commission to receive public input on an application requesting an expansion of the existing Dutch Creek AFD, pursuant to Code of Nelson County, Virginia, Chapter 9 “Planning and Development,” Article V, “Agricultural and Forestal Districts.” The following application and properties are included in the requested expansion:

AFD Application #2014-03: Wright

Tax Map Parcels #69-A-38; #69-A-38D – John & Jonna Clarkson – 49.84 acres
Tax Map Parcel #58-A-102A – Robert & Susan McSwain – 278.78 acres
Tax Map Parcels #58-A-45; #68-A-137; #68-A-138; #68-A-139A; 68-A-139C; 69-A-1; 69-A-38A; #69-A-38F – John E. & Ruth S. Purvis – 403.25 acres
Tax Map Parcel #69-14-6 – Barbara & Jon R. Green – 14.87 acres

3. Consideration of Application to Create New Greenfield Agricultural and Forestal District (AFD)

The purpose of said public hearing is for the Planning Commission to receive public input on an application requesting the creation of a new AFD, pursuant to Code of Nelson County, Virginia, Chapter 9 “Planning and Development,” Article V, “Agricultural and Forestal Districts.” The proposed Greenfield AFD would be generally located in the North and Central Districts, within the North Rockfish River watershed and Taylor Creek watershed. The following application and properties are included in this request to create a new district:

AFD Application #2014-04: Burton

Tax Map Parcels #13-4-2; #13-A-67 – Shannon Farm Association – 518.3 acres
Tax Map Parcel #13-A-67A – Marion Kanour & Barbara Heyl – 15.06 acres
Tax Map Parcel #13-10-7 – Marc Chanin – 43.98 acres
Tax Map Parcel #13-10-2 – Thomas Michael & Jean L. McConkey – 2.5 acres
Tax Map Parcel #13-10-4 – Deborah Ann Harkrader – 7.68 acres
Tax Map Parcels #13-A-21G; #13-A-23C – Ellwood R. Hood II – 22.83 acres
Tax Map Parcels #13-A-21; #13-A-24A – Arthur T. Goodloe – 26.52 acres
Tax Map Parcel #13-A-25 – James W. Carter Jr. & Diane M. – 75.25 acres
Tax Map Parcel #13-2-1A – William & Lynn Stevenson – 6.61 acres
Tax Map Parcel #13-A-76 – Curtis M. Pleasants Jr. & Alexandra – 102.38 acres
Tax Map Parcel #23-1-4A – Lois S. Patkin – 125.11 acres
Tax Map Parcel #13-9-B – Victor Stefanovic – 90.88 acres
Tax Map Parcels #13-A-23; #13-A-21E; #13-A-20; #13-A-21C; #13-A-21D – Rita Mae Brown – 100.66 acres
Tax Map Parcel #24-4-A – John Nelson & Elizabeth Greenleaf – 38.5 acres
Tax Map Parcel #13-A-69A – Clarence G. Nicklas Jr. & Rita S. – 22.79 acres
Tax Map Parcel #13-A-63 – Meadowbrooke Associates Inc. – 20.95 acres
Tax Map Parcel #13-A-63A – Meadowbrooke Partners – 28.30 acres
Tax Map Parcels #12-A-131C; #12-A-131E – Jeffrey & Christy Howe – 17.73 acres
Tax Map Parcel #12-A-131 – Cynthia Chandler – 27.33 acres
Tax Map Parcel #12-A-17 – Karen Kartheiser – 41.42 acres
Tax Map Parcel #12-A-27 –Neal Showstack & Toni Ranieri – 23.82 acres
Tax Map Parcel #12-A-27A – Thomas Michael & Jean L. McConkey – 23.82 acres
Tax Map Parcels #12-A-72A; #12-A-19 – Brian & Amy Webb – 25.42 acres
Tax Map Parcels #13-1-2A; #13-1-2B – Bonnie C. Cady – 9.13 acres
Tax Map Parcels #13-1-1A; #13-1-3; #13-1A-11A – Charlotte L. Rea – 29.51 acres
Tax Map Parcel #13-1-1 – Joanna Salidis & Galen Staengl – 17.31 acres
Tax Map Parcel #13-A-6 – Samuel A. Young – 44.6 acres
Tax Map Parcel #13-A-4B – George & Esperanza Wulin – 39.77 acres
Tax Map Parcels #13-A-1; #13-A-1A; #7-A-87; #7-A-88; #7-A-93A; #6-A-158B – James & Joan Klemic – 196.38 acres
Tax Map Parcels #23-A-45; #23-A-8 – Samuel Bloom & Constance Visceglia – 45.35 acres
Tax Map Parcel #23-A-10 – David & Barbara Thomas – 20.00 acres
Tax Map Parcels #22-A-68A; #22-A-68D – David Thomas – 23.08 acres
Tax Map Parcel #23-A-6A – Henry & Bridget Sprouse – 1.76 acres
Tax Map Parcel #23-A-8A – Steve Bliley – 6.42 acres
Tax Map Parcels #23-A-9A; #23-A-2 – Paukert Irrevocable Trust (Edwin Paukert) & Maria C. Gaticales-Paukert – 159.46 acres
Tax Map Parcel #23-A-4 – Barton W. Biggs & Corry C. Andrews – 170.02 acres
Tax Map Parcel #23-A-19 – Peter & Karen Osborne – 101.2 acres
Tax Map Parcel #23-A-4D – James Wright – 14.69 acres
Tax Map Parcel #23-A-4A – John Wright – 18.13 acres
Tax Map Parcels #24-A-1; #24-1-1A; #24-1-1B; #24-1-3A – William E. & Wendy R. Hess – 30.20 acres
Tax Map Parcel #7-A-86E – Virginia Lee & Richard E. Staron – 9.50 acres

Copies of the application materials and proposed Ordinance amendments are available for public inspection in the Department of Planning & Zoning, 80 Front Street, and in the Office of the County Administrator, 84 Courthouse Square, both in Lovingston, VA, 22949, from Monday through Friday, between 9:00 a.m. and 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. The proposed Ordinance amendments will also be available for download on the County Calendar under the March 25th Planning Commission meeting event at http://www.nelsoncounty-va.gov/events/category/county-calendar/.

NOTICE OF PUBLIC HEARING: 2/25/2015

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, February 25, 2014 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

1. Consideration of Proposed Amendments to Nelson County Zoning Ordinance, Article 2 (Definitions) and Article 4 (Agricultural District A-1) – “Artist Community”

The purpose of said public hearing is for the Planning Commission to receive public input on an Ordinance proposed for passage to amend the Code of Nelson County, Virginia, Appendix A, Zoning Ordinance, regarding the proposed provision of a new type of land use. The proposed new land use, “artist community,” would be permissible as a special use in the Agricultural District. The full text of the proposed Ordinance amendments is as follows:

1. That Article 2, Definitions, be amended as follows:

a) Add the following new definitions:

Artist Community: A facility that provides resident artists with artist community residencies in a rural setting. An artist community includes art studio(s), exhibition and presentation space(s), and temporary lodging accommodations for resident artists; and includes the accompanying office(s), kitchen and food service(s), communal space(s), and maintenance area(s) to service the resident artists and staff. An artist community shall be a not-for-profit organization governed by a Board of Directors, managed by a professional staff, and focused on a specific mission.

Artist Community Residencies: time and space scheduled for resident artists to create work not at the artists’ home base; residencies are applied for on a competitive basis, selected through a peer review process, documented in a written contract, and scheduled for a period not to exceed ninety-five (95) consecutive days.

Resident Artists: professionals who create new work in literary, visual, musical, theatrical, dance, and other forms, as evidenced by their education in said fields, training, and expenditure of time in their studio endeavor, regardless of whether they make their living by it.

2. That Article 4, Agricultural District (A-1), be amended as follows:

a.) Add the following provisions to “Section 4-1-a Uses – Permitted by Special Use Permit only:”

Section 4-1-46a: Artist Community, conditional upon the following limiting factors:
o Minimum property size of 20 acres;
o Maximum floor area of 40,000 square feet (cumulative / all facilities);
o Maximum of 25 resident artists at any time with each resident artist being limited to a maximum duration of ninety-five (95) consecutive days;
o Maximum of 15 public events per year (monthly Open Houses/Open Studios and infrequent fundraising events)
o Existing structures are adaptively reused (as applicable) and new structures are designed to be compatible with rural character of surrounding area
o Restrictions on future division of the property

Copies of the application materials and proposed Ordinance amendments are available for public inspection in the Department of Planning & Zoning, 80 Front Street, and in the Office of the County Administrator, 84 Courthouse Square, both in Lovingston, VA, 22949, from Monday through Friday, between 9:00 a.m. and 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. The proposed Ordinance amendments will also be available for download on the County Calendar under the February 25th Planning Commission meeting event at http://www.nelsoncounty-va.gov/events/category/county-calendar/.

NOTICE OF PUBLIC HEARING: 12/17/2014

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, December 17th, 2014 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:

1. Special Use Permit #2014-008 – “Page’s Palette” Antique, Craft, or Gift Shop / Ms. Kimberly D. Page

Consideration of a Special Use Permit application seeking approval to operate an “antique, craft, or gift shop” pursuant to §4-1-2a of the Zoning Ordinance. Specifically, the applicant wishes to operate a retail shop and instructional art studio on the subject property, which is identified as Tax Map Parcel #12-A-109, and which is located at 6222 Rockfish Valley Highway in the Greenfield area of Afton. This is a 7.1-acre parcel zoned Agricultural (A-1), and is owned by the applicant.

NOTICE OF PUBLIC HEARING: 11/19/2014

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, November 19th, 2014 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:

1. Special Use Permit #2014-008 – “Page’s Palette” Antique, Craft, or Gift Shop / Ms. Kimberly D. Page — POSTPONED / DEFERRED TO 12/17/14

Consideration of a Special Use Permit application seeking approval to operate an “antique, craft, or gift shop” pursuant to §4-1-2a of the Zoning Ordinance. Specifically, the applicant wishes to operate a retail shop and instructional art studio on the subject property, which is identified as Tax Map Parcel #12-A-109, and which is located at 6222 Rockfish Valley Highway in the Greenfield area of Afton. This is a 7.1-acre parcel zoned Agricultural (A-1), and is owned by the applicant.

2. Special Use Permit #2014-009 – “Blue Haven 151 Farm” Conference Center / Ms. Elizabeth Anne Wachtmeister

Consideration of a Special Use Permit application seeking approval to operate a “conference center” pursuant to §4-1-13a of the Zoning Ordinance. Specifically, the applicant wishes to operate a conference center for educational retreats, team building activities, weddings, and/or artistic/cultural events; and for short-term overnight lodging accommodations. The subject property is identified as Tax Map Parcel #42-5-2, and is located at 10531 Patrick Henry Highway in the Bryant area of Roseland. This is a 38.6-acre parcel zoned Agricultural (A-1), and is owned by the applicant.

Following the hearing, the Planning Commission may vote on a resolution or ordinance to adopt, modify, or reject an item. The items requiring Board of Supervisors’ review and approval will be forwarded for action by the Board, which may adopt a resolution or ordinance to approve, modify, or reject an item.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 10/22/2014

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, October 22, 2014 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:

Special Use Permit #2014-007 – St. Mary’s Catholic Church / Reverend Daniel Kelly

Consideration of a Special Use Permit application seeking approval to add a new section to the historic Lovingston Gap Cemetery pursuant to §4-1-11a of the Zoning Ordinance. The subject property is identified as Tax Map Parcel #58-A-31F, located in Lovingston. This is a 16.5-acre parcel zoned Agricultural (A-1), and is owned by Bishop Francis X. Dilorenzo, Bishop of the Catholic Diocese, St. Mary’s Church.

Following the hearing, the Planning Commission may vote on a resolution or ordinance to adopt, modify, or reject an item. The items requiring Board of Supervisors’ review and approval will be forwarded for action by the Board, which may adopt a resolution or ordinance to approve, modify, or reject an item.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 08/27/2014

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, August 27, 2014 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following:

Special Use Permit #2014-006 – “Batesville Gym” Activity Center / Mr. Edward A. Martin

Consideration of a Special Use Permit application seeking approval to operate an “Activity Center” pursuant to §4-1-44a of the Zoning Ordinance. Specifically, the applicants wish to operate a gym for health, recreational, and therapeutic purposes on the subject property, which is identified as Tax Map Parcel #7-A-53A, and which is located at 9656 Batesville Road in Afton. This is a 2.1-acre parcel zoned Agricultural (A-1), and is owned by the applicant.

Following the hearing, the Planning Commission may vote on a resolution or ordinance to adopt, modify, or reject an item. The items requiring Board of Supervisors’ review and approval will be forwarded for action by the Board, which may adopt a resolution or ordinance to approve, modify, or reject an item.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 07/23/2014

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, July 23, 2014 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

Special Use Permit #2014-005 – Adial Cabins

Consideration of a Special Use Permit application, submitted by Duane and Lisa Blakeslee, seeking approval to operate a Motel pursuant to §4-1-25a of the Zoning Ordinance. The subject property is identified as Tax Map Parcel #33-A-8, and is located at 2781 Adial Road, in Faber. This is a 200.4-acre parcel zoned Agricultural (A-1), and is owned by Duane and Lisa Blakeslee.

Following the hearing, the Planning Commission may vote on a resolution or ordinance to adopt, modify, or reject an item. The items requiring Board of Supervisors’ review and approval will be forwarded for action by the Board, which may adopt a resolution or ordinance to approve, modify, or reject an item.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 07/07/2014

In accordance with Section 15.2 of the Code of Virginia, 1950, as amended, and pursuant to Sections 15.2-2285, 5.2-2310, and 15.2-2204 of the Code of Virginia, as amended, the Nelson County Board of Zoning Appeals hereby gives notice that a Public Hearing is scheduled for Monday, July 7th, 2014, at 7:30 p.m., in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square in Lovingston, for the following:

Variance Request #2014-001 / Mr. Johnny Lawhorne

Consideration of a request by Mr. Johnny Lawhorne for a variance pursuant to Article 14, Sections 14-2-4 of the Nelson County Zoning Ordinance. The applicant seeks an eleven (11) foot variance from the Setback Regulations required in Article 4, Section 3 “Setback regulations.” This application is for a 0.77-acre property at 5532 Patrick Henry Highway in Roseland, further identified as Tax Map Parcel #64-A-189A, which is owned by Doris Lawhorne.

Copies of the above files are available for review in the Nelson County Department of Planning and Zoning, located at 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Alternately, you may call the Planning and Zoning Office at 434 263-7090 or toll free at 888-662-9400, selections 4 and 1.

NOTICE OF PUBLIC HEARING: 06/25/2014

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, June 25, 2014 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

1. Consideration of Proposed Amendments to Nelson County Zoning Ordinance, Article 4 (Agricultural District A-1) – “Lots Allowed and Area Regulations”

The purpose of said public hearing is to receive public input on an Ordinance proposed for passage to amend the Code of Nelson County, Virginia, Appendix A, Zoning Ordinance. The proposed amendments would reduce the minimum required acreage required for a two-family detached dwelling or “duplex” from 4 acres (minimum) to 2 acres (minimum). The full text of the proposed Ordinance is as follows:

1. That Article 4, Agricultural District A-1,§4-2-1a, be, and the same is amended to read as follows:

4-2-1a the minimum lot area shall be two (2) acres (87,120sq.ft) or more per dwelling unit for single and two-family detached dwellings. For family subdivisions lots the minimum lot area shall be one (1) acre (43,560 square feet) per dwelling unit.

2. Consideration of Proposed Amendments to Nelson County Zoning Ordinance, Article 2 (Definitions) and Article 4 (Agricultural District A-1) – “Agricultural Operations”

The purpose of said public hearing is to receive public input on an Ordinance proposed for passage to amend the Code of Nelson County, Virginia, Appendix A, Zoning Ordinance, regarding agricultural operations, breweries, distilleries, and restaurants. The proposed amendments would affect the following zoning districts: Agricultural A-1, Business B-1, Service Enterprise SE-1, Industrial M-2, and Limited Industrial M-1. The full text of the proposed Ordinance amendments is as follows:

1. That Article 2, Definitions, be amended as follows:
a) Delete Agricultural.
b) Add the following new definitions:
i. Agricultural operations: any operation devoted to the bona fide production of crops, or animals, or fowl including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silvicultural activity. The preparation, processing, or sale of food products in compliance with subdivisions A 3, 4, and 5 of Virginia Code §3.2-5130 or related state laws and regulations are accessory uses to an agricultural operation, unless otherwise specifically provided for in this ordinance. When used in this ordinance, the words agricultural or agriculture shall be construed to encompass the foregoing definition.
ii. Agricultural Processing Facility: the preparation, processing, or sale of food products, or accumulation for shipment or sale of crops and animals, when more than 20% of such crops or animals are not produced in a co-located agricultural operation owned or controlled by the operator of the facility.
iii. Agricultural Processing Facility, Major: an agricultural processing facility that, by virtue of its size, shipping requirements, noise, or other characteristics, will have a substantial impact on the health, safety, or general welfare of the public or adjoining landowners. A major agricultural processing facility is one that either (i) has more than 10,000 square feet of enclosed space or (ii) entails the preparation, processing, or sale of food products, or accumulation for shipment or sale of crops and animals, when more than 50% of such crops or animals are not produced in a co-located agricultural operation owned or controlled by the operator of the facility.
iv. Brewery: a facility for the production of beer.
v. Distillery: a facility for the production of distilled spirits.
vi. Micro-brewery: a brewery which is housed within and operated in conjunction with a restaurant.
c) Amend the following existing definitions to read as follows:
i. Restaurant. Any place where food is prepared for service to the public on or off the premises, or any place where food is served. Mobile points of service are also deemed to be restaurants, unless the point of service and of consumption is in a private residence.

2. That Article 4, Agricultural District A-1, Section §4-1, Uses – Permitted by-right, be amended to read as follows:

4-1-28 Agricultural Processing Facility, provided that (i) all components of the facility shall be located 250 feet or more from any boundary line or street, or located 125 feet or more from any boundary line or street if screened by fencing or vegetation, and (ii) no noise, unshielded lights, odors, dust, or other nuisance may be perceptible beyond the property upon which the facility is located.

3. That Article 4, Agricultural District A-1, Section §4-1a, Uses – Permitted by Special Use Permit only, be amended to read as follows:

4-1-7a Agricultural Processing Facility, Major
4-1-45a Distillery

4. That Article 8, Business District B-1, Section §8-1a, Uses – Permitted by Special Use Permit only, be amended to read as follows:

8-1-11a Distillery
8-1-12a Brewery

5. That Article 8B, Service Enterprise District SE-1, Section §8B-1a, Uses – Permitted by Special Use Permit only, be amended to read as follows:

8-1-12a Distillery
8-1-13a Brewery

6. That Article 9, Industrial District M-2, Section §9-1, Uses – Permitted by-right, be amended to read as follows:

9-1-30 Distillery
9-1-31 Brewery
9-1-32 Agricultural Processing Facility
9-1-33 Agricultural Processing Facility, Major

7. That Article 18, Limited Industrial M-1, Section §18-1, Uses – Permitted by-right, be amended to read as follows:

18-1-6 Distillery, when the use complies with Section 18-4
18-1-7 Brewery, when the use complies with Section 18-4
18-1-8 Agricultural Processing Facility, when the use complies with Section 18-4
18-1-9 Agricultural Processing Facility, Major, when the use complies with Section 18-4

Copies of the proposed Ordinance amendments are available for public inspection in the Department of Planning & Zoning, 80 Front Street, and in the Office of the County Administrator, 84 Courthouse Square, both in Lovingston, VA, 22949, from Monday through Friday, between 9:00 a.m. and 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. The proposed Ordinance amendments will also be available for download on the County Calendar under the June 25th Planning Commission meeting event at http://www.nelsoncounty-va.gov/events/category/county-calendar/2014-06/.

NOTICE OF PUBLIC HEARING: 04/23/2014

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to Sections 15.2-107, 15.2-2204, 15.2-2285, 15.2-2310, and 15.2-4307. the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, April 23, 2014, in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

1. (Class III) Communication Tower Permit #2014-005 – CV 488 / AT&T Wireless

Consideration of a Class III Communication Tower Permit application, submitted by Mr. John Milisitz of Velocitel on behalf of AT&T Wireless, seeking approval to install and operate a new 130’ monopole. The subject property is identified as Tax Map Parcel #67-A-49, and is located at 301 Drumheller Orchard Lane in Lovingston. This is a 81-acre property zoned Agricultural (A-1), and is owned by Mr. Ronald L. Collins.

2. Special Use Permit #2014-001 – Le Chic Picnic

Consideration of a Special Use Permit application, submitted by Ms. Danielle Savard, seeking approval for the proposed placement and operation of a Restaurant pursuant to §4-1-34a of the Zoning Ordinance. The subject property is identified as Tax Map Parcel #12-A-79A, and is located at 27 Chapel Hollow Road in Afton. This is a 5.2-acre parcel zoned Agricultural (A-1), and is owned by Ms. Savard and Mr. Marcel McNicoll.

Following the hearing, the Planning Commission may vote on a resolution or ordinance to adopt, modify, or reject an item. The items requiring Board of Supervisors’ review and approval will be forwarded for action by the Board, which may adopt a resolution or ordinance to approve, modify, or reject an item.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m.  Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

NOTICE OF PUBLIC HEARING: 02/03/2014

In accordance with Section 15.2 of the Code of Virginia, 1950, as amended, and pursuant to Sections 15.2-2285, 5.2-2310, and 15.2-2204 of the Code of Virginia, as amended, the Nelson County Board of Zoning Appeals hereby gives notice that a Public Hearing will start at 7:30 p.m., Monday, February 3, 2014, in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia. The purpose of this hearing is to consider the following:

Zoning Appeal #2013-002, Mr. Jim Gates
Consideration of a petition dated December 20, 2013, submitted by Mr. Jim Gates, seeking to appeal the Zoning Administrator’s approval of a plat titled, “Plat of Lot A: A Subdivision of Parcel (A)-53, Tax Map 35” which was approved on September 17, 2013. The petition states that, “The recorded plat is incomplete” and “Right Of Way given to the County is not legal.”

Copies of the above files are available for review in the Planning and Zoning Office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. or you may call the Planning and Zoning Office at 434 263-7090 or toll free at 888-662-9400, selections 4 and 1.

NOTICE OF PUBLIC HEARING: 01/22/2014

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, January 22, 2014 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

1. Major Site Plan #2013-008 – Hurt & Proffitt Inc. / Walker Mill Dam Rehabilitation
Consideration of a Major Site Plan for the proposed rehabilitation of the existing Walker Mill Dam. The property is identified as Tax Map Parcel #62-A-15E, and is located along the Rockfish River on Salem Road (Route 693) in Schuyler. This is a 4.6-acre property zoned Agricultural (A-1), and is owned by Asilea Enterprise Corporation.

2. Special Use Permit #2013-006 / JARSS, Inc.
Consideration of a Special Use Permit application for the proposed conversion of an office space to a residential space, pursuant to Section 8-1-10a of the Zoning Ordinance. The subject property is identified as Tax Map Parcel #76A-2-2, located at 4148 Thomas Nelson Highway (U.S. Route 29) in Colleen. This is a 0.083-acre property zoned Business (B-1), and is owned by JARSS, Inc.

3. Elk Rock Orchard Subdivision / Roger W. Ray & Associates, Inc.
Consideration of a proposed final plat of division for Elk Rock Orchard Subdivision, Lots 1 through 16. This property is identified as Tax Map Parcels #2-A-1C and 3-A-82C and 3-A-82D, located on Howardsville Turnpike (Route 610) in Afton. This is an 80.8-acre site zoned Agricultural (A-1), and is owned by Elk Mountain Land Company, LLC.

Following the hearing, the Planning Commission may vote on a resolution or ordinance to adopt, modify, or reject an item. The items requiring Board of Supervisors’ review and approval will be forwarded for action by the Board, which may adopt a resolution or ordinance to approve, modify, or reject an item.

Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

Notice of Public Hearing: 11/20/2013

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to Section 15.2-2204, Section 15.2-2285, Section 15.2-2310, and Section 15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, November 20, 2013 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia, for the following:

1. Conditional Rezoning #2013-004 – Mr. Taylor Smack / Blue Mountain Brewery

Consideration of a Conditional Rezoning application by Mr. Taylor Smack to rezone a 2.472 acre parcel of property from R-1 to A-1, pursuant to Article 16, Section 4. The property address is 9403 Critzer Shop Road, Afton, further identified as Tax Map #4-A-60. The applicant seeks to utilize this newly purchased property for his brewery business, a use not allowed in residential zoning. The applicant has voluntarily included proffers as part of this Conditional Rezoning request, proffering away all rights to the following uses as listed in the Zoning Ordinance: Kennels (per Section 4-1-9); Public Utilities (per Section 4-1-11); and Automobile Graveyard (per Section 4-1-18).

2. Proposed Amendments and Additions to the Nelson County Comprehensive Plan

Consideration of proposed amendments and additions to the Comprehensive Plan. These proposed amendments relate to Chapter Three – Goals and Principles; the Appendix – Profile of Nelson County; and the addition of a Transportation Chapter.

Following the hearing, the Planning Commission may vote on a resolution or ordinance to adopt, modify, or reject an item. The items requiring Board of Supervisors’ review and approval will be forwarded for action by the Board, which may adopt a resolution or ordinance to approve, modify, or reject an item.

The Nelson County Board of Supervisors will hold a public hearing on December 10, 2013 at 7:00 p.m. on those items referred to it by the Planning Commission. The meeting will be held at the location listed above. The following items are scheduled to be considered:

1. Conditional Rezoning #2013-004 – Mr. Taylor Smack / Blue Mountain Brewery
Consideration of an application as described above in Item 1.

2. Proposed Amendments and Additions to the Nelson County Comprehensive Plan
Consideration of an application as described above in Item 2.

Copies of the above files are available for review in the Planning and Zoning Office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 9:00 a.m. to 5:00 p.m. Telephone inquiries may also be directed to the Planning and Zoning Office, 434 263-7090, or toll free at 888-662-9400, selections 4 and 1 Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

Notice

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to Section 15.2-1416 and Section 15.2-2214, the Nelson County Planning Commission hereby gives notice of the following resolution:

1. Planning Commission: Rescheduling of Regular Meetings
Pursuant to §15.2-1416 (Regular meetings) and §15.2-2214 (Meetings) of the Code of Virginia, and in order to avoid scheduling conflict with national holidays, the regular meeting of the Nelson County Planning Commission on Wednesday, November 27, 2013 is rescheduled to Wednesday, November 20, 2013; and the regular meeting of the Commission on Wednesday, December 25, 2013 is rescheduled to Wednesday, December 18, 2013. Additionally, all remaining Planning Commission meetings in calendar year 2013 shall be held in the General District Courtroom of the Courthouse in Lovingston, Virginia, unless otherwise resolved by said Commission.

Telephone inquiries may be directed to the Planning and Zoning Office, 434 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.

 

 


Contact Us
Physical Address
80 Front Street
Lovingston, VA 22949
Mailing Address
P.O. Box 558
Lovingston, VA 22949
Contact
Tim Padalino | Director
434-263-7091
Grant Massie | Planning & Zoning Specialist
434-263-7098
Stormy Hopkins | Secretary
434-263-7090
fax: 434-263-7086