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Public Hearings

PUBLIC HEARING
Proposed Budget for 2017/2018

The Nelson County Board of Supervisors will conduct a public hearing on the proposed budget for the 2017/2018 fiscal year on Thursday, May 25, 2017, in the General District Courtroom within the County Courthouse located in Lovingston, Virginia to begin at 7:00 p.m. or as soon thereafter as possible, pursuant to Section 15.2-2506 of the Code of Virginia of 1950, as amended. A brief synopsis of the proposed budget which, except in the case of the school division budget, shall be for informative and fiscal planning purposes only, is presented herein below. At the public hearing comments from county citizens will be accepted on the general fund budget, the debt service fund budget, the capital fund budget, the school division’s budget, the textbook fund budget, the Piney River water/sewer budget, and the courthouse project fund budget. A copy of these proposed budgets may be reviewed at the County Administrator’s Office during normal office hours.
The proposed 2017/2018 Fiscal year budget includes the Real Estate Tax Rate (inclusive of mobile homes taxed at the Real Estate Tax Rate), Personal Property Tax Rate, and the Machinery and Tools Tax Rate as established on April 11, 2017 to be effective January 1, 2017. All tax rates are levied per $100 of assessed value as follows:

Year                                                  2016         2017
Real Property Tax                             $0.72          $0.72
Tangible Personal Property              3.45             3.45
Machinery & Tools Tax                      1.25              1.25
Mobile Home Tax                               0.72             0.72

PROPOSED 17/18 GENERAL FUND BUDGET

Anticipated Revenue (Local)
General Property Taxes $24,384,686
Other Local Taxes 4,418,262 Permits, Fees, and Licenses 221,750
Fines and Forfeitures 221,750
Interest and Rentals 100,000 Charges for Services 257,900
Expenditure Refunds 15,000
Miscellaneous 30,800
Recovered Costs 660,045

TOTAL ANTICIPATED LOCAL REVENUES $30,310,193

Anticipated Revenues (State)
Non-categorical Aid 632,000
Categorical Aid 5,222,826

TOTAL ANTICIPATED STATE REVENUES $5,854,826

Anticipated Revenues (Federal)
Non-categorical Aid 54,000
Categorical Aid 850,133

TOTAL ANTICIPATED FEDERAL REVENUES $ 904,133

Insurance Recoveries 3,750
Transfer from Other Funds 257,851
Year Ending Balance 1,523,247
TOTAL AVAILABLE REVENUE $38,854,000
Proposed Expenditures
General Government Administration 2,019,658
Judicial Administration (including debt) 1,369,280
Public Safety (including debt) 5,624,431
Public Works (including debt) 2,364,394
Health & Welfare 2,420,794
Education (including debt) 18,365,960
Parks and Recreation 206,427
Community Development 542,907
Non-Departmental 4,065,922
Capital Outlay 1,080,344
Contingency Reserve 793,883

TOTAL PROPOSED EXPENDITURES
AND RESERVE $38,854,000

PROPOSED 17/18 DEBT SERVICE BUDGET

TOTAL ANTICIPATED REVENUE $ 3,233,819

TOTAL PROPOSED EXPENDITURES $ 3,233,819

PROPOSED 17/18 CAPITAL FUND BUDGET

TOTAL ANTICIPATED REVENUE $898,251

TOTAL PROPOSED EXPENDITURES $898,251
PROPOSED 17/18 SCHOOL DIVISION BUDGET

Anticipated Revenue (Local)
Transfer from General Fund 15,370,887
Transfer from General Fund (School Buses) 162,000
Transfer from General Fund (School Nursing) 235,000
Transfer from General Fund (Facility Improvements) 400,000
Other Local Funds 1,042,546

TOTAL ANTICIPATED LOCAL REVENUE $17,210,433

Anticipated Revenue (State)
State Aid 6,386,164
State Sales Tax 2,161,187

TOTAL ANTICIPATED STATE REVENUE $8,547,351

Anticipated Revenue (Federal)
Categorical Aid 1,663,933

TOTAL ANTICIPATED FEDERAL REVENUE $1,663,933
TOTAL ANTICIPATED REVENUES $27,421,717

Proposed Expenditures
Major Categories Combined $27,421,717
TOTAL PROPOSED EXPENDITURES $27,421,717
PROPOSED 17/18 TEXTBOOK FUND BUDGET

TOTAL ANTICIPATED REVENUE $665,473

TOTAL PROPOSED EXPENDITURES $665,473

PROPOSED 17/18 PINEY RIVER WATER/SEWER BUDGET

TOTAL ANTICIPATED REVENUE $218,336

TOTAL PROPOSED EXPENDITURES $218,336

PROPOSED 17/18 COURTHOUSE PROJECT BUDGET

TOTAL ANTICIPATED REVENUE $406,270

TOTAL PROPOSED EXPENDITURES $406,270
FY17/18 BUDGET SUMMARY AS PROPOSED

REVENUES BY FUND

General Fund $38,854,000
Debt Service Fund 3,233,819
Capital Fund 898,251 School Division 27,421,717
Textbook Fund 665,473
Piney River Water & Sewer Fund 218,336
Courthouse Project Fund __406,270
$71,697,866

EXPENDITURES BY FUND

General Fund $38,854,000
Debt Service Fund 3,233,819
Capital Fund 898,251 School Division 27,421,717
Textbook Fund 665,473
Piney River Water & Sewer Fund 218,336
Courthouse Project Fund __406,270
$71,697,866

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PUBLIC HEARING NOTICE
NELSON COUNTY BOARD OF SUPERVISORS & VDOT
2018-2023 SECONDARY SIX-YEAR R0AD PLAN
AND CONSTRUCTION PRIORITY LIST
FOR NELSON COUNTY

The Virginia Department of Transportation and the Board of Supervisors of Nelson County, in accordance with Section 33.2-331 of the Code of Virginia, will conduct a joint public hearing in the General District Courtroom of the Nelson County Courthouse, 84 Courthouse Square, Lovingston, Virginia at 7:00 pm on Thursday, May 25, 2017. The purpose of this public hearing is to receive public comment on the proposed Secondary Six-Year Plan for Fiscal Years 2018 through 2023 and on the proposed Secondary Road System Improvement Priority List for Fiscal Year 2018.

All projects in the Secondary Six-Year Plan that are eligible for federal funds will be included in the Statewide Transportation Improvement Program (STIP) and are programmed based on Commonwealth Transportation Board (CTB) priorities. Total Telefee Funds available for distribution are estimated to be approximately $307,482 for FY18-FY23, total State CTB Formula Unpaved Road Funds available are estimated to be approximately $1,211,346, and District Grant for Unpaved roads is estimated to be $1,455,347 for the six year plan period.

Secondary Road Improvement Priorities for Fiscal Year 2018 are proposed as follows:

Priority   Route # and Name                   Distance                                                            Mileage
1               756 Wright’s Ln.                        Rte. 623 to Dead End                                     0.90 Mi.
2              634 Old Robert’s Rd.                Rte. 619 to Rte. 754                                         1.70 Mi.
3              654 Cedar Creek Rd.                1.0 mi W Rte. 655 to 2.0 Mi. W Rte. 655    1.00 Mi.
4              680 Cub Creek Rd.                   0.51 W Rte. 699 to 2.99 Mi. W Rte. 699     2.48 Mi.
5              654 Falling Rock Dr.               1.0 Mi. E Rte. 657 to Rte. 661                         1.90 Mi.
6              814 Campbell’s Mtn. Rd.       0.99 Mi. N. Rte. 56 to 1.99 Mi. N. Rte. 56   1.00 Mi.
7              617 Buck Creek Rd.                  0.23 Mi. N Rte. 29 to Dead End                   1.40 Mi.
8             625 Perry Ln.                           Rte. 623 to Dead End                                      2.00 Mi.
9             653 Wilson Rd.                        Rte. 655 to Rte.710                                           2.83 Mi.
10           645 Aerial Dr.                          Rte. 646 E to Rte. 646 W                                0.20 Mi.
11            721 Greenfield Dr.                  Rte. 626 to 0.50 Mi. N Rte. 626                    0.50 Mi.

Copies of the proposed Plan and Budget and the Secondary Road Improvement Priority List may be reviewed at the Nelson County Administrator’s Office located at 84 Courthouse Square, Lovingston, VA 22949, and at the Appomattox VDOT Residency Office located at 331 Ferguson St. Appomattox, VA 24522.

Persons requiring special assistance to attend or participate in this hearing should contact the Nelson County Administrator’s Office at (434) 263-7000.

By Authority of Nelson County Board of Supervisors and the Virginia Dept. of Transportation

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PUBLIC HEARING NOTICE
NELSON COUNTY BOARD OF SUPERVISORS
REQUESTED MODIFICATION OF LOCATION RESTRICTIONS
PARTIAL REDUCTION OF FALL AREA SETBACK REQUIREMENTS
TEMPORARY TOWER PERMIT APPLICATION #2016-13, 21 FERN CIRCLE, TAX MAP PARCEL 11F-OPEN AT WINTERGREEN RESORT

Pursuant to §20-20-C of Appendix A, Zoning Ordinance of the Code of Nelson County, a public hearing will be held on November 8, 2016 at 2:00 PM in the General District Courtroom in the Courthouse in Lovingston, Virginia. Public input will be received on T-Mobile’s request for modification from the Board of Supervisors pursuant to Z.O. Article 20, Section 17 B-2-(v), which requires a minimum fall area setback distance between the base of a temporary tower and adjoining property lines of 150% of the temporary tower height.

T-Mobile proposes to install and operate a temporary sixty (60) foot tall “Cell on Wheels” (COW) telecom facility at 21 Fern Circle, Tax Map #11F-Open, and modification from the required ninety (90) foot fall area setback is being requested. The property’s present use is the Fern Circle utility easement containing two (2) water storage tanks, multiple telecom towers, and related facilities.

This application is available for review in the County Administrator’s Office or the Dept. of Planning & Zoning, 84 Courthouse Square or 80 Front Street, Lovingston, Virginia, M-F, 9am to 5pm. For more information, call (434) 263-7000 or (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. EOE

AUTHORIZED BY THE NELSON COUNTY BOARD OF SUPERVISORS

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NOTICE OF PUBLIC HEARING
NELSON COUNTY BROADBAND AUTHORITY
PROPOSED SCHEDULE OF WHOLESALE RATES, FEES, AND CHARGES

Pursuant to §§15.2-5431.25 (B) of the Virginia Wireless Service Authority Act and Nelson County Broadband Authority adopted resolution R2016-06, a public hearing will be held at 6:00 PM on January 10, 2017 in the General District Courtroom of the Courthouse, Lovingston VA.

The purpose of the public hearing is to receive input from all of the users of such facilities; the owners, tenants or occupants of property served or to be served thereby; and all others interested on the proposed schedule of wholesale rates, fees and charges as follows:

Local Wholesale Access Rates (Rates for Providers to Utilize the Network for Transport to an End User):

NCBA Proposed Service Types

Tier 1

*Residential GPON 25/5 Mbps $25 Best Effort (maximum 32:1 split)
*Residential GPON 1000/1000 Mbps $37 Best Effort, symmetric (maximum 32:1 split)
Tier 2

*Business GPON 25/25 Mbps $75 higher priority than Best Effort (maximum 16:1 split)
*Business GPON 50/50 Mbps $150 higher priority than Best Effort (maximum 16:1 split)
*Business GPON 100/100 Mbps $300 higher priority than Best Effort (maximum 16:1 split)
*Dedicated Business 250/250 Mbps $450 Active Ethernet, higher priority than Best Effort
*Dedicated Business 500/500 Mbps $850 Active Ethernet, higher priority than Best Effort
*Dedicated Business 1000/1000 Mbps $1000 Active Ethernet, higher priority than Best Effort
Tier 3

*Wide Area LAN Service 100/100 Mbps $400 Active Ethernet, highest priority, supports QinQ (two or more connections may be needed)
*Wide Area LAN Service 500/500 Mbps $640 Active Ethernet, highest priority, supports QinQ (two or more connections may be needed)
*Wide Area LAN Service 1000/1000 Mbps $830 Active Ethernet, highest priority, supports QinQ (two or more connections may be needed)
Service Types:
• Tier 1 – Transport service from the service provider’s port in the data center to a single customer location. Traffic is untagged at the customer. Circuit is typically asymmetric and priority is set at Best Effort across the core network. NCBA will observe a maximum 32:1 split.
• Tier 2 – Transport service from the carrier or provider’s port in the colo to a single customer location. Traffic is untagged at the customer. GPON circuits are symmetric and the priority is set higher than Tier 1 for better performance across the core network. NCBA will observe a maximum 16:1 split on this service tier for GPON connections. Active Ethernet connections are symmetric and have a higher traffic priority than Tier 1 services. An example of this is a package of Internet access for a business with regular use of videoconferencing, heavy cloud-based service use, and large file uploads.
• Tier 3 – Transport service between the carrier or provider’s port in the colo as well as between multiple customer locations (fee applies for each end-point outside of provider’s NNI). Passed traffic can be tagged or untagged as well as supporting Q-in-Q. The circuit is symmetric and traffic has the highest priority across the core network. An example of this would be a transparent LAN service to link two customer locations.

Non-Recurring Charges:

Non-recurring charges (NRC) are those costs incurred in connection with the installation of the fiber drop and ONT. The customer will be responsible for the payment of these cost on the following terms.

NRC not exceeding $1500 will be discounted as follows:

Term of Contract Discount
12 months none
24 months 10%
36 months 20%
48 months 35%
60 or more months 50%

The undiscounted balance of NRC together with any NRC in excess of $1500 may be amortized over the term of the original contract.

Colocation Charges for Providers within NCBA shelters:

Quantity Monthly Cost
2 RU $75.
One-half rack $200.
Full Rack $350.

All rentals are based on a space available basis. Rental will include access to one 20 amp, 120 volt circuit. Redundant CC power (-48 volt) will be available as well. The Colocation charges include up to 20 amps of DC power. Additional DC power, subject to availability, will be priced at $6.25 per amp in 10 amp increments.

Tower Access:

Option 1:

Location on Tower Price per Month per Customer
Top thirty feet in 10 feet sections $275 per antenna for first three antennas (includes cables and ancillary equipment such as tower mounted amplifiers) $150 per additional antenna installed by the same lessee.
Next thirty feet in 10 foot sections $175 per antenna for first three antennas (includes cables and ancillary equipment such as tower mounted amplifiers) $90 per additional antenna installed by the same lessee.
Remaining access in 10 foot sections $50 per antenna (includes cables and ancillary equipment such as tower mounted amplifiers)

All tower access charges are in addition to a site access fee of $200 per month. Site access fee entitles lessee access to electric power (contracted for by lessee) and ground space for cabinet (10 square feet). Shelter colocation charges and local transport charges are additional as are lease space for placing shelters, generators or other equipment. Items not specifically addressed will be priced on an individual basis.

Preference will be given to providers wishing space higher on the towers. The NCBA may limit the size of antennas or duration of leases for antennas located below the top 80 feet.

Tower leases will be accepted based on maximum allowable loading of a tower. If, in the sole discretion of the NCBA, an analysis of the structural integrity of the tower is deemed necessary, then the costs of the analysis will be borne by the lessee.

Option 2:

WIRELESS INTERNET SERVICE PROVIDERS (WISPs) may enter a master lease for tower space on all NCBA owned or operated towers. The tower access charge under the master lease (the “Master Tower Access Charge”) shall be $2,000 per month. For each tower the NCBA adds to its system subsequent to the adoption of this rate schedule, the Master Tower Access Charge shall automatically increase by $250 per month. The Master Tower Access Charge also includes any colocation charges in available shelters and cabinets located at the tower sites as well as 10 square feet of ground space for lessee’s cabinet. The location of the tower space leased pursuant to this paragraph shall be determined in the sole discretion of the NCBA. If, in the sole discretion of the NCBA, an analysis of the structural integrity of a tower is deemed necessary, then the costs of the analysis will be borne by the lessee.

These rates apply to towers operated by the NCBA. Rates for towers leased by the NCBA may be subject to approval by the lessor.

Increase in Rates:

Rates are firm for a contract or lease term which does not exceed five years.

For contract and lease terms exceeding five years, the contract or lease shall provide for either of the following payment adjustments: (a) if an extension of an original term is month-to-month or year-to-year, then beginning with the first month of the extension, payment shall be increased 3%, and thereafter by 3% on each subsequent annual anniversary, or (b) if the term is for five years with a right of renewal in five year increments, then upon each renewal payment shall be increased 12%.

Penalty and Interest:

Any sum due NCBA and unpaid by the due date shall be assessed a 10% penalty and carry interest at the rate of 12% per annum.

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PUBLIC HEARING NOTICE
NELSON COUNTY BOARD OF SUPERVISORS
CLASS C COMMUNICATION TOWER
PERMIT APPLICATION #2016-08, SITE CV221 (SHENTEL/ P. Wright)

Pursuant to §15.2-1427 of the Code of Virginia 1950 as amended and Board of Supervisors Resolution R2016-63, a public hearing will be held on October 11, 2016 at 7:00 PM in the General District Courtroom in the Courthouse in Lovingston, Virginia. The purpose of the public hearing is to receive public input on Class C tower permit #2016-08, Site CV221 at 12979 Thomas Nelson Hwy; Shentel/P. Wright. The application is for replacement of an existing 97.5 ft. wooden pole with a 130 ft. metal monopole painted brown with flush mount antennas and associated ground equipment. The wireless service facility is located at 172 Davis Creek Lane, Lovingston VA 22949, tax parcel 45-A-40 Zoned A-1.

This application is available for review in the County Administrator’s Office or the Dept. of Planning & Zoning, 84 Courthouse Square or 80 Front Street, Lovingston, Virginia, M-F, 9am to 5pm. For more information, call (434) 263-7000 or (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. EOE

AUTHORIZED BY THE NELSON COUNTY BOARD OF SUPERVISORS

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PUBLIC HEARING NOTICE
NELSON COUNTY BOARD OF SUPERVISORS
AMENDMENT OF THE CODE OF NELSON COUNTY, VIRGINIA
CHAPTER 11 TAXATION, ARTICLE 2 REAL PROPERTY TAX
DIVISION 2. – EXEMPTIONS FOR ELDERLY AND DISABLED

Pursuant to §15.2-1427 of the Code of Virginia 1950 as amended, and Board of Supervisors Resolution R2016-62, a public hearing will be held on October 11, 2016 at 7:00 PM in the General District Courtroom in the Courthouse in Lovingston, Virginia. The purpose of the public hearing is to receive public input on an Ordinance proposed for passage to amend Chapter 11 Taxation, Article 2 Real Property Tax, Division 2 Exemptions for Elderly and Disabled. The full text of the proposed Ordinance is as follows:

Sec. 11-23. Restrictions and conditions.

Any exemption from real estate taxes shall be subject to the following:

DELETE current (1) and substitute therefor:

(1) Such real estate shall be owned by, and be occupied as the sole dwelling of anyone (i) at least 65 years of age or (ii) found to be permanently and totally disabled as defined below. A dwelling jointly held by a husband and wife, with no other joint owners, may qualify if either spouse is 65 or over or is permanently and totally disabled. For purposes of this division, the term “permanently and totally disabled” shall mean unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such person’s life.

DELETE current (2) and substitute therefor:

(2) For purposes of this division, the applicant must be (i) at least age 65 as of May 15 of the taxable year for which an application is made or (ii) is permanently and totally disabled. Under subparagraph (1), real property owned and occupied as the sole dwelling of an eligible applicant includes real property (i) held by the applicant alone or in conjunction with his spouse as tenant or tenants for life or joint lives, (ii) held in a revocable inter vivos trust over which the applicant or the applicant and his spouse hold the power of revocation, or (iii) held in an irrevocable trust under which an applicant alone or in conjunction with his spouse possesses a life estate or an estate for joint lives or enjoys a continuing right of use or support. The exemption is not applicable to any interest held under a leasehold or term of years. For purposes of this division, any reference to real estate shall include manufactured homes.

(3) UNCHANGED.

(4). DELETE and substitute therefor:

The income of owners’ relatives living in the dwelling and providing bona fide caregiving services to the owner whether such relatives are compensated or not, shall not be counted towards the income limit set forth in the preceding subparagraph (3).

(5) UNCHANGED.

The full text of the proposed Ordinance is also available for review in the County Administrator’s Office, 84 Courthouse Square Lovingston, Virginia, M-F, 9am to 5pm. For more information, call (434) 263-7000. EOE
AUTHORIZED BY THE NELSON COUNTY BOARD OF SUPERVISORS

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NOTICE OF PUBLIC HEARING
NELSON COUNTY BOARD OF SUPERVISORS
ADDITION TO GREENFIELD AGRICULTURAL AND FORESTAL DISTRICT

In accordance with the Code of Virginia, 1950, as amended, §15.2-1427, §15.2-2204, §15.2-4303 §15.2-4307, and §15.2-4309, the Nelson County Board of Supervisors will hold a public hearing at 7:00 p.m., Tuesday, September 13, 2016 in the General District Courtroom of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston. The purpose of said public hearing is to receive public input on an Ordinance proposed for passage that would include application #2016-01 requesting voluntary expansion of the existing Greenfield AFD by 13.88 total acres, pursuant to the Chapter 9 “Planning and Development,” Article V, “Agricultural and Forestal Districts” of the Code of Nelson County.

Application #2016-01 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 public hearing, action by the Board may include taking a vote to approve, modify, or reject this application.

The full text of the proposed Ordinance and copies of the above files are available for review in the County Administrator’s Office or the Dept. of Planning & Zoning, 84 Courthouse Square or 80 Front Street, Lovingston, Virginia, M-F, 9am to 5pm. For more information, call (434) 263-7000 or (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. EOE

BY AUTHORITY OF NELSON COUNTY BOARD OF SUPERVISORS

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PUBLIC HEARING NOTICE
NELSON COUNTY BOARD OF SUPERVISORS
DISPOSITION OF PUBLIC PROPERTY
FORMER LOVINGSTON HEALTHCARE CENTER BUILDING

Pursuant to §15.2-1800 and §15.2-1427 of the Code of Virginia 1950 as amended, the Nelson County Board of Supervisors will conduct a public hearing to be held on September 13, 2016 at 7:00 PM in the General District Courtroom in the Courthouse in Lovingston, Virginia to receive public input on the proposed disposition of County Property located at 393 Front Street, Lovingston, Virginia 22949, Tax Map #58-A-38a, known as the former Lovingston Healthcare Center.

Public input is invited on the following options:

1. Donation,
2. Sale,
3. Auction,
4. Lease purchase to Region Ten Community Services Board for an assisted living facility primarily for Region Ten CSB clientele, with one wing of the building to include individuals who are not necessarily associated with Region Ten Services.
5. Renovation for County office space for those off-site departments incurring annual rent expenses. Upon completion, these rent expense funds could be used to partially or fully pay for annual debt service payments on funds borrowed for the renovation project, or
6. Other

BY AUTHORITY OF NELSON COUNTY BOARD OF SUPERVISORS

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NOTICE OF PUBLIC HEARING
NELSON COUNTY BOARD OF SUPERVISORS
ARTICLE 24 TEMPORARY EVENTS, FESTIVAL GROUNDS,
OUT-OF-DOORS ACCESSORY USES,
ARTICLE 2 DEFINITIONS & PERMITTED USES
IN VARIOUS ZONING DISTRICTS

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia,
1950, as amended, and pursuant to §15.2-1427 and §15.2-2204, the Nelson County Board of Supervisors hereby gives notice that a Public Hearing will be held at 7:00 p.m., Tuesday September 13, 2016 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston. The purpose of said public hearing is to receive public input on an Ordinance proposed for passage, Appendix A, Zoning Ordinance Article 24, Temporary Events, Festival Grounds, and Out-of-doors Accessory Uses and associated uses in Article 2 Definitions, Article 4 (A-1), Article 5 (R-1), Article 8 (B-1) Article 8A (B-2), and Article 8B (SE-1). 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 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.

Agritourism Activity: any activity carried out on a farm or ranch engaged in bona fide Agricultural Operations that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions whether or not the participant paid to participate in the activity.

Festival Grounds: The use of land for the hosting and operation of Category 3 Temporary Events, and the construction of structures or other improvements associated with Category 3 Temporary Events. The minimum acreage is 250 acres. Contiguous parcels under the same or different ownership or control may be aggregated to attain the minimum acreage.

Out-of-Door, Accessory Use: 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 other cultural 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 no more than 500 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.

Temporary Event: The temporary use of property that is not otherwise a by-right use or use permitted by special or conditional use permit.

Temporary Event, Historical Property: An event such as historical reenactments, living history, home tours conducted in connection with a property of historical or natural value when there is no or only nominal admission.

Temporary Event, Non-Profit: An event conducted by local non-profit community service organizations.

Temporary Event, Social: A one day private social event, such as weddings, receptions, and reunions, conducted on property not zoned for commercial uses and not a farm winery or
agritourism activity venue, which is not open to the general public, to which attendance does not exceed 300 people, and for a fee is charged for the use of the property.

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 no more than 500 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 which by virtue of the number of attendees, size and location of property, or hours of conduct cause any substantial impact(s) on the health, safety, or general welfare of the public.

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 no more than 500 attendees at any time during the event, or, (ii) is a Non-Profit Temporary Event having or projecting more than 500 attendees and less than 1,000 attendees at any time during the event, or, (iii) is a Farm winery activity or Agritourism activity which by virtue of the number of attendees, size and location of property, or hours of conduct cause any substantial impact(s) on the health, safety, or general welfare of the public, and having or projecting less than 1,000 attendees at any time during the event. 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 and (i) for which admission is charged or at which goods and services are sold, having or projecting more than 500 attendees but less than 10,000 attendees, or (ii) Non-Profit Temporary Events having or projecting more than 1,000 attendees but less than 10,000 attendees at any time during the event, or (iii) Farm winery activities or Agritourism activities which by virtue of the number of attendees, size and location of property, or hours of conduct cause any substantial impact(s) on the health, safety, or general welfare of the public, and having or projecting more than 1,000 attendees but less than 10,000 attendees at any time during the event. Contains limitations on duration and amplified sound.

24-2-D. Addresses structures used for either a Category 1 or 2 event and their required permitting. Contains provisions for removal of temporary structures.

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 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 nine 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. Permits the Director to issue a single Temporary Event Permit for more than one Temporary Event.

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

24-3-E. Permits the Director to approve modifications to the Temporary Event Permit for unforeseen circumstances outside of the event promoter’s control or causation.

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

Article 2. Definitions

Modify the following:

Community Center: A building and grounds used for recreation, social, educational, health, or cultural activities open to the public or a portion of the public, owned and operated by a public or private non-profit group or agency. The activities may involve leasing of space for the sale of goods and services, offices, and Temporary Events in conjunction with Article 24 of this ordinance and subject to applicable zoning district regulations. The sale of goods and services may be carried on a for-profit basis or for charitable non-profit purposes by the owner or the owner’s approved lessee or licensee. Community Center uses, structures, and activities are subject to site plan approval. Signage conveying information about permissible Temporary Events and/or a permitted Outdoor Entertainment Venue is permissible, subject to applicable regulations and approval requirements contained elsewhere in this Ordinance. There can be no other exterior indication of non-temporary commercial activities at the center, such as outside storage, sales area, or signage, except for a principal sign identifying the center, a single changeable letter sign, and additional small wayfinding and directional signs which may include identification of tenants.
Add the following:

Outdoor Entertainment Venue: The non-temporary use of any land, including the erection or use of non-temporary structure(s) or the installation of non-temporary infrastructure, for the hosting and operation of Category 1 and Category 2 Temporary Events, Exempt Events, or other entertainment activities for cultural, artistic, social, or recreational purposes.

Article 4. Agricultural District (A-1)

Remove the following: 4-11-3 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 twelve such events in a calendar year and that the event complies with the County Noise Ordinance
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
Social Temporary Event, in excess of twelve such events in a calendar year and provided that the event complies with the County Noise Ordinance
Outdoor Entertainment Venue

Article 5. Residential District (R-1)

Add the following:

5-1-a Uses – Permitted by Special Use Permit only:
Outdoor Entertainment Venue in connection with a permissible public or semi-public use pursuant to 5-1-4

Article 8. Business District (B-1)

Add the following:

8-1 Uses – Permitted by right:
Category 1 Temporary Event
Category 2 Temporary Event

8-1a Uses – Permitted by Special Use Permit Only:
Outdoor Entertainment Venue

Article 8A. Business District (B-2),
Add the following:

8A-1 Uses – Permitted by right:
Category 1 Temporary Event
Category 2 Temporary Event

8A-1a Uses – Permitted by Special Use Permit Only:
Outdoor Entertainment Venue

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

Add the following:

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

8B-1-a Uses – Permitted by Special Use Permit Only:
Outdoor Entertainment Venue

The full text of the proposed Ordinance is available for review in the County Administrator’s Office or the Dept. of Planning & Zoning, 84 Courthouse Square or 80 Front Street, Lovingston, Virginia, M-F, 9am to 5pm. For more information, call (434) 263-7000 or (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. EOE
BY AUTHORITY OF NELSON COUNTY BOARD OF SUPERVISORS

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NOTICE OF PUBLIC HEARING
NELSON COUNTY BOARD OF SUPERVISORS
AMENDMENT OF THE CODE OF NELSON COUNTY
DISPOSITION OF UNCLAIMED PROPERTY HELD BY THE SHERIFF

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia,
1950, as amended, and pursuant to §15.2-1427, §15.2-1719, §15.2-1720, and §15.2-1721, the Nelson County Board of Supervisors hereby gives notice that a Public Hearing will be held at 7:00 p.m., Tuesday September 13, 2016 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston. The purpose of said public hearing is to receive public input on an Ordinance proposed for passage concerning the disposition of unclaimed property held by the Sheriff. A descriptive summary of the proposed amendment is as follows:

Section (a) authorizes the Sheriff to dispose of unclaimed personal property following reasonable attempts to notify the rightful owner of the property. Such disposition includes: public sale and or retained use by the department. This section also defines “unclaimed personal property” and provides for public notice requirements prior to disposition.

Section (b) provides for the optional disposition of unclaimed bicycles, electric power-assisted bicycles, mopeds, and electric personal assistive mobility devices that go unclaimed for more than 30 days by public sale or donation to a charitable organization. This section also provides for the circumstances under which these items found and delivered to the Sheriff’s Department can be given to the finder.

Section (c) provides for the optional disposal or destruction of unclaimed firearms or other weapons in possession of the Sheriff inclusive of destruction after 120 days or donation to the Department of Forensic Science, upon agreement of the Department. This section also defines “unclaimed firearms and other weapons” and provides for public notice requirements prior to disposal or destruction.

The full text of the proposed Ordinance is available for review in the County Administrator’s Office, 84 Courthouse Square Lovingston, Virginia, M-F, 9am to 5pm. For more information, call (434) 263-7000. EOE.

AUTHORIZED BY THE NELSON COUNTY BOARD OF SUPERVISORS

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Staff Report: SUP 2016-01, Jackson Doublewide

NOTICE OF PUBLIC HEARING
NELSON COUNTY BOARD OF SUPERVISORS
SPECIAL USE PERMIT #2016-01

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia,
1950, as amended, and pursuant to §15.2-1427, the Nelson County Board of Supervisors hereby gives notice that a Public Hearing will be held at 7:00 p.m., June 14, 2016 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 #2016-01 – Ms. Elizabeth Jackson, Tax Map Parcel #7-A-25:

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”). The SUP is a request 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 zoned Residential (R-1) and Agricultural (A-1) and is located in Afton at 1617 Avon Road.

Copies of the above files are available for review in the Office of the County Administrator 84 Courthouse Square, Lovingston and in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia M-F 9am to 5pm. 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.

BY AUTHORITY OF THE NELSON COUNTY BOARD OF SUPERVISORS

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PUBLIC HEARING

Proposed Budget for 2016/2017

Public Hearing Materials -FY17 Budget

The Nelson County Board of Supervisors will conduct a public hearing on the proposed budget for the 2016/2017 fiscal year on Thursday, May 26, 2016, in the General District Courtroom within the County Courthouse located in Lovingston, Virginia to begin at 7:00 p.m. or as soon thereafter as possible, pursuant to Section 15.2-2506 of the Code of Virginia of 1950, as amended.  A brief synopsis of the proposed budget which, except in the case of the school division budget, shall be for informative and fiscal planning purposes only, is presented herein below.  At the public hearing comments from county citizens will be accepted on the general fund budget, the debt service fund budget, the capital fund budget, the school division’s budget, the textbook fund budget, the Piney River water/sewer budget, and the courthouse project fund budget.  A copy of these proposed budgets may be reviewed at the County Administrator’s Office during normal office hours.

The proposed 2016/2017 Fiscal year budget includes the Real Estate Tax Rate (inclusive of mobile homes taxed at the Real Estate Tax Rate), Personal Property Tax Rate, and the Machinery and Tools Tax Rate as established on April 12, 2016  to be effective January 1, 2016.  All tax rates are levied per $100 of assessed value as follows:

2015              2016

Real Property Tax                                        $0.72              $0.72

Tangible Personal Property                         3.45                3.45

Machinery & Tools Tax                                 1.25                1.25

Mobile Home Tax                                           0.72                0.72

 

PROPOSED 16/17 GENERAL FUND BUDGET

 Anticipated Revenue (Local)

General Property Taxes                                            $24,268,531

Other Local Taxes                                                          4,364,508

Permits, Fees, and Licenses                                              198,250

Fines and Forfeitures                                                       365,600

Interest and Rentals                                                           50,000

Charges for Services                                                            244,75

Expenditure Refunds                                                         15,000

Miscellaneous                                                                      25,600

Recovered Costs                                                               669,137

 

TOTAL ANTICIPATED LOCAL REVENUES      $30,201,376

 

Anticipated Revenues (State)

Non-categorical Aid                                                          645,000

Categorical Aid                                                               4,061,010

 

TOTAL ANTICIPATED STATE REVENUES       $4,706,010

 

Anticipated Revenues (Federal)

Non-categorical Aid                                                            54,000

Categorical Aid                                                                  527,737

 

TOTAL ANTICIPATED FEDERAL REVENUES $   581,737

 

Transfer from Other Funds                                                          175,000

Year Ending Balance                                                                1,833,516                                                                

TOTAL AVAILABLE REVENUE                            $37,497,639

 

 

Proposed Expenditures

General Government Administration                          1,950,437

Judicial Administration (including debt)                    1,374,229

Public Safety (including debt)                                     5,492,664

Public Works (including debt)                                     2,501,594

Health & Welfare                                                            2,293,019

Education (including debt)                                        17,936,591

Parks and Recreation                                                       204,297

Community Development                                                568,062

Non-Departmental                                                         2,714,447

Capital Outlay                                                                     782,000

Contingency Reserve                                                   1,680,299

TOTAL PROPOSED EXPENDITURES

AND RESERVE                                                   $37,497,639

PROPOSED 16/17  DEBT SERVICE BUDGET

 

TOTAL ANTICIPATED REVENUE                                                   $ 3,581,397

 

TOTAL PROPOSED EXPENDITURES                                           $ 3,581,397

PROPOSED 16/17 CAPITAL FUND BUDGET

 

TOTAL ANTICIPATED REVENUE                                                       $898,230

 

TOTAL  PROPOSED  EXPENDITURES                                             $898,230

PROPOSED 16/17  SCHOOL DIVISION BUDGET                          

 

Anticipated Revenue (Local)

Transfer from General Fund                                      14,985,887

Transfer from General Fund (School Buses)               190,000

Transfer from General Fund (School Nursing)            235,000

Transfer from General Fund (Facility Improvements) 325,000

Other Local Funds                                                         1,075,916

 

TOTAL ANTICIPATED LOCAL REVENUE           $16,811,803

 

Anticipated Revenue (State)

State Aid                                                                          6,601,776

State Sales Tax                                                              2,194,986

 

TOTAL ANTICIPATED STATE REVENUE             $8,796,762

 

Anticipated Revenue (Federal)

Categorical Aid                                                               1,718,747

 

TOTAL ANTICIPATED FEDERAL REVENUE       $1,718,747

 

TOTAL ANTICIPATED REVENUES                                                                        $27,327,312

Proposed Expenditures

Major Categories Combined                                    $27,327,312

 

TOTAL PROPOSED EXPENDITURES                                                                  $27,327,312

 

PROPOSED 16/17 TEXTBOOK FUND  BUDGET

          TOTAL ANTICIPATED REVENUE                                                        $587,409

TOTAL PROPOSED EXPENDITURES                                                $587,409

PROPOSED 16/17 PINEY RIVER WATER/SEWER  BUDGET

TOTAL ANTICIPATED REVENUE                                                        $218,279

 

TOTAL PROPOSED EXPENDITURES                                                $218,279

 

 

PROPOSED 16/17  COURTHOUSE PROJECT BUDGET

 

TOTAL ANTICIPATED REVENUE                                                      $2,392,092

 

TOTAL PROPOSED EXPENDITURES                                              $2,392,092

FY16/17 BUDGET SUMMARY AS PROPOSED

REVENUES BY FUND

 

General Fund                                                $37,497,639

Debt Service Fund                                             3,581,397

Capital Fund                                                          898,230

School Division                                                  27,327,312

Textbook Fund                                                       587,409

Piney River Water & Sewer Fund                      218,279

Courthouse Project Fund                            __2,392,092

$72,502,358

EXPENDITURES BY FUND

General Fund                                                 $37,497,639

Debt Service Fund                                             3,581,397

Capital Fund                                                          898,230

School Division                                                 27,327,312

Textbook Fund                                                       587,409

Piney River Water & Sewer Fund                      218,279

Courthouse Project Fund                            __2,392,092

$72,502,358

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PUBLIC HEARING NOTICE
NELSON COUNTY BOARD OF SUPERVISORS & VDOT
2017-2022 SECONDARY SIX-YEAR ROAD PLAN
AND CONSTRUCTION PRIORITY LIST
FOR NELSON COUNTY

Public Hearing Materials -SSYP & Priority List

The Virginia Department of Transportation and the Board of Supervisors of Nelson County, in accordance with Section 33.2-331 of the Code of Virginia, will conduct a joint public hearing in the General District Courtroom of the Nelson County Courthouse, 84 Courthouse Square, Lovingston, Virginia at 7:00 pm on Tuesday, May 26, 2016. The purpose of this public hearing is to receive public comment on the proposed Secondary Six-Year Plan for Fiscal Years 2017 through 2022 and on the proposed Secondary Road System Improvement Priority List for Fiscal Year 2017.

All projects in the Secondary Six-Year Plan that are eligible for federal funds will be included in the Statewide Transportation Improvement Program (STIP) and are programmed based on Commonwealth Transportation Board (CTB) priorities. Total Telefee Funds available for distribution are estimated to be approximately $286,164 for FY17-FY22 and total State CTB Formula Unpaved Road Funds available are estimated to be approximately $1,526,899 for the six year plan period.

Secondary Road Improvement Priorities for Fiscal Year 2017 are proposed as follows:

Priority,  Route # and Name,  Distance,  and Mileage
1 640 Wheeler’s Cove Rd. Rte. 623 to Rte. 620 0.70 Mi.

2 756 Wright’s Ln. Rte. 623 to Dead End 0.90 Mi.
3 634 Old Robert’s Rd. Rte. 619 to Rte. 754 1.70 Mi.
4 654 Cedar Creek Rd. 1.0 mi W Rte. 655 to 2.0 Mi. W Rte. 655 1.00 Mi.
5 680 Cub Creek Rd. 0.51 W Rte. 699 to 2.99 Mi. W Rte. 699 2.48 Mi.
6 654 Falling Rock Dr. 1.0 Mi. E Rte. 657 to Rte. 661 1.90 Mi.
7 814 Campbell’s Mtn. Rd. 0.99 Mi. N. Rte. 56 to 1.99 Mi. N. Rte. 56 1.00 Mi.
8 617 Buck Creek Rd. 0.23 Mi. N Rte. 29 to Dead End 1.40 Mi.
9 625 Perry Ln. Rte. 623 to Dead End 2.00 Mi.
10 653 Wilson Rd. Rte. 655 to Rte.710 2.83 Mi.
11 645 Aerial Dr. Rte. 646 E to Rte. 646 W 0.20 Mi.
12 721 Greenfield Dr. Rte. 626 to 0.50 Mi. N Rte. 626 0.50 Mi.

Copies of the proposed Plan and Budget and the Secondary Road Improvement Priority List may be reviewed at the Nelson County Administrator’s Office located at 84 Courthouse Square, Lovingston, VA 22949, and at the Appomattox VDOT Residency Office located at 331 Ferguson St. Appomattox, VA 24522.

Persons requiring special assistance to attend or participate in this hearing should contact the VDOT at (434) 352-7135 or the Nelson County Administrator’s Office at (434) 263-7000.

By Authority of Nelson County Board of Supervisors and the Virginia Dept. of Transportation

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PUBLIC HEARING NOTICE
NELSON COUNTY PLANNING COMMISSION

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.

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PUBLIC HEARING NOTICE
NELSON COUNTY BOARD OF SUPERVISORS
APRIL 12, 2016

Pursuant to §15.2-1427 and §15.2-2204, of the Code of Virginia 1950 as amended, the Nelson County Board of Supervisors will conduct a public hearing to be held on Tuesday, April 12, 2016 at 7:00 p.m. in the General District Courtroom in the Courthouse in Lovingston, Virginia. The purpose of said public hearing is to receive public input on the following:

1. An Ordinance proposed for passage to amend Appendix A, Zoning, Article 18, Section 18-3 to amend uses permitted by special use permit only and summarized 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’ outside equipment yard, which may include storage of materials”

Draft Ordinance O2016-03 M1 Uses

2. Class C Communications Tower Permit #2016-01 (CV821 – Greenfield – 5029 Rockfish Valley Hwy): Proposed Equipment upgrades at an existing communication facility involving equipment replacement and additions and increased tower height.

2016-01 CV821 Class C Tower Application – Greenfield

3. Class C Communications Tower Permit #2016-02 (CV822 – Lodebar – 622 Hearthstone Ln): Proposed equipment upgrades at an existing communication facility involving equipment replacement and additions and increased tower height due to a proposed 5.3’ tall lightning rod.

2016-02 CV822 Class C Tower Application – Lodebar

The full text of the proposed ordinance amendment and the complete communications tower applications are available for public inspection in the Office of the County Administrator, 84 Courthouse Square and the Department of Planning & Zoning, 80 Front Street, both in Lovingston, VA, 22949, M-F, 9:00 a.m. to 5:00 p.m. For more information, call County Administration, (434) 263-7000, the Dept. of Planning & Zoning, (434) 263-7090, or toll free, (888) 662-9400, selections 4 and 1.

BY AUTHORITY OF THE NELSON COUNTY BOARD OF SUPERVISORS

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NOTICE OF PUBLIC HEARING

NELSON COUNTY PLANNING COMMISSION

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.

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Full Text – Amendments Bed and Breakfast Uses -PC Recommended

PUBLIC HEARING NOTICE
NELSON COUNTY BOARD OF SUPERVISORS
TO AMEND THE CODE OF NELSON COUNTY, VIRGINIA
APPENDIX A, ZONING: ARTICLE 2- (DEFINITIONS), ARTICLE 4- (A-1), ARTICLE 5-(R-1), ARTICLE 6-(R-2), ARTICLE 7- (RPC), ARTICLE 8- (B-1), ARTICLE 8A-(B2), AND ARTICLE 8B-(SE1)
TO INCLUDE “BED & BREAKFAST USES”

Pursuant to §15.2-1427 and §15.2-2204, of the Code of Virginia 1950 as amended, the Nelson County Board of Supervisors will conduct a public hearing to be held on Tuesday, March 8, 2016 at 7:00 p.m. in the General District Courtroom in the Courthouse in Lovingston, Virginia. The purpose of said public hearing is to receive public input on an ordinance proposed for passage to amend Appendix A, Zoning, to include items regarding “Bed and Breakfast Uses”. A descriptive summary of the proposed amendments is as follows:

The definition or redefinition of numerous land uses related to transient lodging and dwellings in Article 2, Definitions as follows: “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.

New or revised regulations regarding which zoning districts those uses would be permissible in as a by-right use, as a special use, or as a use not permissible are as follows:

Article 4: Agricultural District A-1
Section 4-1 Uses – Permitted by right.
4-1-3 Boardinghouse
4-1-30 Bed and Breakfast, Class A
4-1-31 Bed and Breakfast, Class B
4-1-32 Vacation House

Section 4-1-a Uses – Permitted by Special Use Permit only:
4-1-10a Campground

Article 5: Residential District R-1
Section 5-1 Uses – Permitted by-right:
5-1-17 Bed and Breakfast, Class A
5-1-18 Bed and Breakfast, Class B, if the subject property contains more than one zoning classification with a majority portion of the subject property zoned Agricultural A-1.
5-1-19 Vacation House, if the subject property contains more than one zoning classification with a majority portion of the subject property zoned Agricultural A-1.

Section 5-1-a Uses – Permitted by Special Use Permit only:
5-1-4a Bed and Breakfast, Class B, if the provisions in 5-1-18 do not apply to the subject property
5-1-5a Vacation House, if the provisions contained in 5-1-19 do not apply to the subject property

Article 6: Residential District R-2
Section 6-1-a Uses – Permitted by Special Use Permit only:
6-1-3a Boardinghouse
6-1-4a Bed and Breakfast, Class A
6-1-5a Vacation House

Article 7: Residential Planned Community District RPC
Section 7-5-2 Single-Family Residential Sector – SR
In Single-Family Residential Sectors, the following uses will be permitted:
1. Single-family detached dwellings.
2. Single-family attached dwellings.
3. Other uses as permitted in Residential Districts R-1 and in Section 7-5-1(b); except that Vacation House shall be a permissible by-right use in the SR Sector of the RPC District and shall not require a Special Use Permit.

Article 8: Business District B-1
Section 8-1 Uses – Permitted by right:
8-1-25 Bed and Breakfast, Class A, if the subject property contains an existing non-conforming dwelling or has an approved Special Use Permit for dwelling units pursuant to 8-1-10a
8-1-26 Bed and Breakfast, Class B, if the subject property contains an existing non-conforming dwelling or has an approved Special Use Permit for dwelling units pursuant to 8-1-10a
8-1-27 Vacation House, if the subject property contains an existing non-conforming dwelling or has an approved Special Use Permit for dwelling units pursuant to 8-1-10a

Section 8-1-a Uses – Permitted by Special Use Permit only:
8-1-13a Campground

Article 8A: Business District B-2
Section 8A-1-a Uses – Permitted by Special Use Permit only:
8A-1-15 Hotel

Article 8B: Service Enterprise District SE-1
Section 8B-1 Uses – Permitted by right.
8B-1-3 Boardinghouse, vacation house, class A bed and breakfast, class B bed and breakfast, churches, church adjunctive graveyards, libraries, schools, hospitals, clinics, parks, playgrounds, post offices, fire department, and rescue squad facilities

Section 8B-1-a Uses – Permitted by Special Use Permit only:
8B-1-14a Campground

The full text of the proposed ordinance amendments are available for public inspection in the Office of the County Administrator, 84 Courthouse Square and the Department of Planning & Zoning, 80 Front Street, both in Lovingston, VA, 22949, M-F, 9:00 a.m. to 5:00 p.m. For more information, call County Administration, (434) 263-7000, the Dept. of Planning & Zoning, (434) 263-7090, or toll free, (888) 662-9400, selections 4 and 1.

BY AUTHORITY OF THE NELSON COUNTY BOARD OF SUPERVISORS

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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/.

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LEGAL NOTICE
NOTICE OF PUBLIC HEARING

NELSON COUNTY BOARD OF SUPERVISORS

SPECIAL USE PERMIT #2015-18 “BANQUET HALL”/ MR. ARMAND THIEBLOT

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., Tuesday, February 9th 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).

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.

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NOTICE OF PUBLIC HEARING
NELSON COUNTY BOARD OF SUPERVISORS
SPECIAL USE PERMITS #2015-10, #2015-11, #2015-12, and #2015-13
“SPRUCE CREEK RESORT & MARKET”

In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, and pursuant to §15.2-2204, and §15.2-1427 the Nelson County Board of Supervisors will hold a public hearing at 7:00 p.m., Tuesday January 12, 2016 in the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, Virginia. The purpose of said public hearing is to receive citizen input on Special Use Permits for the Spruce Creek Resort & Market. The subject property is identified as Tax Map Parcels #21-A-35; -36, is zoned Agricultural (A-1) and consists of 98.21 acres located on Rockfish Valley Highway.

The Special Use Permit applications #2015-10 to #2015-13 seek approval to build a small grocery/market for the sale of local foods and goods pursuant to Zoning Ordinance §4-1-35a (“retail store, neighborhood”); build a banquet hall to be used for weddings, meetings, etc.…and provide lodging cottages & provisions for overnight stays pursuant to §4-1-13a (“conference center”); build a small spa with a few cabins for guest use and public use pursuant to §4-1-44a (“activity center”); and build a restaurant on property zoned A-1 pursuant to §4-1-34a (“restaurant”).

Copies of the applications 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, Lovingston, VA, 22949, M-F, 9 am to 5 pm. For more information call 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 meeting event at http://www.nelsoncounty-va.gov/events/category/county-calendar/.

BY AUTHORITY OF NELSON COUNTY BOARD OF SUPERVISORS

Public Meeting #2 2015 CDBG Project Fact Sheet

Public Meeting #2 2015 CDBG Project Fact Sheet and CED Program & Project Information

PUBLIC NOTICE
NELSON COUNTY BOARD OF SUPERVISORS
PUBLIC HEARING –DECEMBER 8, 2015
DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT (DHCD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROPOSAL
NELSON COUNTY-WILD WOLF INFRASTRUCTURE PROJECT

The County of Nelson, will hold a public hearing on Tuesday, December 8, 2015 at 7:00 PM or as soon as practical thereafter in the General District Courtroom of the Courthouse in Lovingston, Virginia to solicit public input on the proposed Community Development Block Grant (CDBG) proposal to be submitted to the Virginia Department of Housing and Community Development for Nelson County-Wild Wolf Infrastructure Project. Residents of the project area are encouraged to attend.

The Nelson County-Wild Wolf Infrastructure Project proposal will include the following activities: installation of approximately 2200 feet of HDPE sewer force main from the Aqua Virginia pump station on State Route 151 to 2461 Rockfish Valley Hwy (Wild Wolf Brewing Company) ending with a coated manhole. Wild Wolf will then provide the connections and pump station from their property to the coated manhole.

The draft CDBG proposal will be presented for comment along with information on projected beneficiaries, including the number of to low-and-moderate income residents to benefit from the proposed project, and plans to minimize displacement. Citizens will also be given the opportunity to comment on the County of Nelson’s past use of CDBG funds. A fact sheet on the proposed project and the draft proposal is available at the County Administrator’s Office, 84 Courthouse Square, Lovingston. For additional information, contact the County Administrator’s Office at (434) 263-7000.

Comments and grievances can be submitted in writing to the Nelson County Administrator’s Office at P.O. Box 336, Lovingston VA 22949 or by phone at (434) 263-7000, (434) 263-6255(TDD), or by fax at (434) 263-7004 until 4:00 PM, Monday, December 7, 2015.

If you plan to attend and have any special needs requirements, please call the number listed above. EOE.

BY AUTHORITY OF NELSON COUNTY BOARD OF SUPERVISORS

PUBLIC NOTICE
COUNTY OF NELSON PUBLIC HEARING
DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT (DHCD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS

The County of Nelson, will hold a public hearing on Monday, November 30th at 6:00 PM in the Former Board of Supervisors Room (#420) of the Courthouse in Lovingston, Virginia, 84 Courthouse Square. The purpose of the public hearing is to solicit public input on local community development and housing needs in relation to Community Development Block Grant (CDBG) funding for a project in our community.

Information on the amount of funding available, the requirements on benefit to low-and-moderate income persons, eligible activities, and plans to minimize displacement and provide displacement assistance as necessary will be available. Citizens will also be given the opportunity to comment on Nelson County’s past use of CDBG funds. All interested citizens are urged to attend. For additional information, contact the County Administrator’s Office at (434) 263-7000.

Comments and grievances can be submitted in writing to the Nelson County Administrator’s Office at P.O. Box 336, Lovingston VA 22949 or by phone at (434) 263-7000, (434) 263-6255 (TDD), or by fax at (434) 263-7004 until 4:00 PM, Friday, November 27th, 2015.

If you plan to attend and have any special needs requirements, please call the number listed above. EOE.


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