Ordinance chapter · Nelson County Unincorporated, Virginia

Chapter 3

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Nelson County Unincorporated, VA Zoning Ordinance#

ARTICLE 1 — INTRODUCTION#

ARTICLE 2 — DEFINITIONS#

ARTICLE 3 — CONSERVATION DISTRICT C-1#

Statement of Intent#

This district covers portions of the County which are occupied by various open spaces such as steep slopes, forests, parks, farms, marshland, lakes or stream valleys. This district is established for the specific purpose of facilitating existing and future farming operations, conserving water and other natural resources, reducing soil erosion, protecting watersheds, reducing hazards from flood and fire and preserving wildlife areas of the County.

3-1 Uses—Permitted by Right#C-1

  • 3-1-1 Single-family detached dwellings.
  • 3-1-2 Agriculture.
  • 3-1-3 Public and semipublic uses such as churches, church adjunctive graveyards, schools (not schools of special instruction), hospitals (not special care), parks, playgrounds, and post offices.
  • 3-1-4 Conservation and preservation areas.
  • 3-1-4a Cluster housing development pursuant to Article 21 of Appendix A.
  • 3-1-5 Historical areas.
  • 3-1-6 Home occupations, class A.
  • 3-1-7 Accessory uses as defined.
  • 3-1-8 Off-street parking as required by this ordinance.
  • 3-1-9 Public utilities generating, booster or relay stations, transformer substations, transmission lines with support structures, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, water and sewerage installations, and water storage tanks.
  • 3-1-10 Business signs advertising the sale or rent of premises, up to six (6) feet in total area.§
  • 3-1-11 Church bulletin boards.
  • 3-1-12 Directional signs, up to two (2) square feet in total area.§
  • 3-1-13 Home occupation signs, up to four (4) square feet in total area.§
  • 3-1-14 Identification signs, up to four (4) square feet in total area.§
  • 3-1-15 Automobile graveyards, classes A and B.
  • 3-1-16 Communication towers subject to Article 20, Communication Tower Ordinance.
  • 3-1-17 Small wind energy system, per requirements in Article 22 of these regulations.

(Ord. of 6-8-99; Ord. No. O2009-12, § 1, 11-10-09)

3-1-a Uses—Permitted by Special Use Permit Only#

  • 3-1-1a Two (2) or more small wind energy systems on a single tract of land, per requirements in Article 22 of these regulations. (O2009-12; O2011-04)
  • 3-1-1b Small wind energy system(s) on a parcel of land twenty (20) acres or larger in size with a height greater than one hundred (100) feet but less than one hundred ninety-nine (199) feet. (O2011-04)
  • 3-1-2a Borrow pit.
  • 3-1-3a Reserved for future use.
  • 3-1-4a Camp, day.
  • 3-1-5a Camp, summer.
  • 3-1-6a Campgrounds.
  • 3-1-7a Cemeteries.
  • 3-1-8a Country clubs.
  • 3-1-9a Golf courses (except driving ranges and miniature courses).
  • 3-1-10a Hunting clubs.
  • 3-1-11a Lattice structure used to support a wind turbine. (O2009-12)
  • 3-1-12a Location signs, up to fifteen (15) square feet in total area.§
  • 3-1-13a Lodges, fraternal.
  • 3-1-14a Private airstrips.
  • 3-1-15a Sawmills, permanent.
  • 3-1-16a Sawmills, temporary.
  • 3-1-17a Wildlife rehabilitation center. (O2011-06)
  • 3-1-18a Reserved for future use.
  • 3-1-19a Reserved for future use.

(Ord. No. O2010-09, § 1, 9-14-10; Ord. No. O2011-04, 8-9-11; Ord. No. O2011-06 8-9-11; Ord. No. O2013-07, 9-10-13)

3-2 Area Regulations#

  • 3-2-1 The minimum lot area shall be twenty (20) acres (871,200 square feet) or more per dwelling unit.
  • 3-2-2 The minimum lot area shall be one (1) acre (43,560 square feet) for a family subdivision lot.§ The required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(Ord. No. O2007-003, 5-21-07)

3-3 Setback Regulations#

Setback Type Lot Size Requirement
3-3-1a Front yard Lots 1 to 20 acres Minimum of 75 feet from the center of the road or 50 feet from the edge of the street right-of-way, whichever is the greater distance
Lots greater than 20 acres Minimum of 300 feet from the edge of the street right-of-way
3-3-1b Internal lot without road frontage Lots 1 to 20 acres Minimum of 50 feet from the property line designated as the front of the lot or parcel
Lots greater than 20 acres Minimum of 300 feet from the property line designated as the front of the parcel
3-3-2 Side yard Lots 1 to 20 acres Minimum of 10 feet from the property line; total width of required side yards shall be 25 feet or more
Lots greater than 20 acres Minimum of 300 feet from the property line on each side
3-3-3 Rear yard Lots 1 to 20 acres Minimum of 25 feet from the rear property line
Lots greater than 20 acres Minimum of 300 feet from the rear property line
3-3-4 Accessory structure All lots Minimum of 15 feet from property line, except no accessory building shall be located within the required front yard setback
3-3-5 Road frontage All lots Minimum of 125 feet fronting on a public or private road built to state or county road standards

(Ord. No. O2007-003, 5-21-07)

3-4 Reserved for Future Use#

(Ord. No. O2007-003, 5-21-07)

3-5 Reserved for Future Use#

(Ord. No. O2007-003, 5-21-07)

3-6 Special Provisions for Corner Lots#

  • 3-6-1 Of the two (2) sides of a corner lot the front shall be deemed to be the shortest of the two (2) sides fronting on streets.
  • 3-6-2 The minimum side yard on the side facing the side street shall be thirty-five (35) feet for both main and accessory building.§

3-7 Height Limitations#

Any structure erected up to a height greater than thirty-five (35) feet from grade requires a special use permit with the following exceptions: Single-family dwellings, two-family dwellings, boardinghouse, tourist home, wooden poles for electric, telephone lines and similar lines/cables, public and semipublic uses such as churches, libraries, museums, schools, hospitals, parks, playgrounds, and post offices, agriculture, fire departments and rescue squad facilities, and water storage tanks.

(Ord. of 6-8-99; Ord. No. O2011-04, 8-9-11)

3-8 Site Plan#

Before a building and zoning permit shall be issued for development to contain three (3) or more dwelling units on one (1) lot or on one (1) parcel of land, a site plan of proposed development shall be approved by the Commission in conformance with Article 13.

(Ord. of 6-8-99)


ARTICLE 4 — AGRICULTURAL DISTRICT A-1#

ARTICLE 5 — RESIDENTIAL DISTRICT R-1#

ARTICLE 6 — RESIDENTIAL DISTRICT R-2#

ARTICLE 7 — RESIDENTIAL PLANNED COMMUNITY DISTRICT RPC#

ARTICLE 8 — BUSINESS DISTRICT B-1#

ARTICLE 8A — BUSINESS DISTRICT B-2#

ARTICLE 8B — SERVICE ENTERPRISE DISTRICT SE-1#

ARTICLE 9 — INDUSTRIAL DISTRICT M-2#

ARTICLE 10 — GENERAL FLOODPLAIN DISTRICT FP2#

ARTICLE 11 — NONCONFORMING USES#

ARTICLE 12 — GENERAL PROVISIONS#

ARTICLE 13 — SITE DEVELOPMENT PLAN#

ARTICLE 14 — BOARD OF ZONING APPEALS#

ARTICLE 15 — VIOLATION AND PENALTY#

ARTICLE 16 — AMENDMENT AND REZONING#

ARTICLE 17 — ADMINISTRATION AND INTERPRETATION#

ARTICLE 18 — LIMITED INDUSTRIAL M-1#

ARTICLE 19 — NUCLEAR WASTE MATERIALS#

ARTICLE 19B — PLANNED UNIT DEVELOPMENT—INDUSTRIAL PUD ID#

ARTICLE 20 — COMMUNICATION TOWERS#

ARTICLE 21 — CLUSTER HOUSING DEVELOPMENT#

ARTICLE 22 — SMALL WIND ENERGY#

ARTICLE 22A — SOLAR ENERGY#

ARTICLE 23 — TEMPORARY FAMILY HEALTH CARE STRUCTURES#

ARTICLE 24 — TEMPORARY EVENTS, FESTIVAL GROUNDS, OUT-OF-DOOR ACCESSORY USES#