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Legal Notices

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 Information

Contact Us

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