Nelson County Unincorporated, VA Zoning Ordinance#

ARTICLE 1 — INTRODUCTION#

ARTICLE 2 — DEFINITIONS#

ARTICLE 3 — CONSERVATION DISTRICT C-1#

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#

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Nelson County Unincorporated City Zoning Code#

ARTICLE 5 — RESIDENTIAL DISTRICT R-1#

Statement of Intent#

This district is composed of certain quiet, low density rural residential areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life and to prohibit all activities of a commercial nature. To these ends, development is limited to relatively low concentration and permitted uses are limited basically to single unit dwellings providing homes for the residents plus certain additional uses, such as schools, parks, and churches that serve the residents of the district.

5-1 Uses—Permitted by Right#

5-1-1 Single-family detached dwellings.

5-1-2 Two-family detached dwellings.

5-1-2a Cluster housing developments pursuant to Article 21 of Appendix A.

5-1-3 Home occupations, class A.

5-1-4 Public and semipublic uses such as churches, church adjunctive graveyards, libraries, museums, schools (not schools of special instruction), hospitals (not special care), parks, playgrounds, and post offices.

5-1-5 Accessory uses as defined; however, garages or other accessory structures attached to the main building shall be considered part of the main building. No accessory building may be closer than five (5) feet to any property line in the rear yard and ten (10) feet from the property line on a side yard.

5-1-6 Off-street parking as required by this ordinance.

5-1-7 Public utilities: Lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities, and water storage tanks. (O2011-04)

5-1-8 Business signs advertising the sale or rent of premises, up to six (6) feet in total area.§

5-1-9 Church bulletin boards.

5-1-10 Directional signs, up to two (2) square feet in total area.§

5-1-11 Home occupation signs, up to four (4) square feet in total area.§

5-1-12 Identification signs, up to four (4) square feet in total area.§

5-1-13 Automobile graveyards, class A.

5-1-14 Yard sales.

5-1-15 Communication towers subject to Article 20, Communication Tower Ordinance.

5-1-16 Small wind energy system, per requirements in Article 22 of these regulations.

5-1-17 Bed and breakfast, class A. (O2016-02)

5-1-18 Bed and breakfast, class B, the subject property contains more than one (1) zoning classification with a majority portion of the subject property zoned Agricultural A-1. (O2016-02)

5-1-19 Vacation house, if the subject property contains more than one (1) zoning classification with a majority portion of the subject property zoned Agricultural A-1. (O2016-02)

(Ord. of 6-8-99; Ord. No. O2007-003, 5-21-07; Ord. No. O2009-12, § 1, 11-10-09; Ord. No. O2011-04, 8-9-11; Ord. No. O2016-02, 4-12-16)

5-1-a Uses—Permitted by Special Use Permit Only#

5-1-1a Additional small wind energy system(s), per requirements in Article 22 of these regulations. (O2009-12)

5-1-2a Double-wide mobile home mounted on a permanent concrete or block foundation.

5-1-3a Lattice structure used to support a wind turbine. (O2009-12)

5-1-4a Bed and breakfast, class B, if the provisions in 5-1-18 do not apply to the subject property. (O2016-02)

5-1-5a Vacation house, if the provisions contained in 5-1-19 do not apply to the subject property. (O2016-02)

5-1-6a Outdoor Entertainment Venue in connection with a permissible public or semi-public use pursuant to 5-1-4.

(Ord. No. O2010-09, § 1, 9-14-10; Ord. No. O2016-02, 4-12-16; Ord. No. O2016-04, 1-10-17)

5-2 Area Regulations#R-1

5-2-1 The minimum lot area shall be two (2) acres (87,120 square feet) or more per dwelling unit for lots being served by individual wells and septic systems. 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.

5-2-1a The minimum lot area shall be one (1) acre (43,560 square feet) per dwelling 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.

5-2-1b For single-family dwelling units utilizing the Nelson County public sewage disposal system, the required area for such use shall be thirty thousand (30,000) square feet.§

5-2-1c For a two-family detached dwelling unit on a single lot utilizing the Nelson County public sewage disposal system, the required area for such use shall be thirty thousand (30,000) square feet.

5-2-2 For permitted uses utilizing public sewage disposal systems, the required area for any such use shall be thirty thousand (30,000) square feet.

(Ord. No. O2007-003, 5-21-07; Ord. No. O2009-13, § 2, 11-10-09)

5-3 Setback Regulations#

5-3-1a Front yard: Minimum of seventy-five (75) feet from the center of the road or fifty (50) feet from the edge of the right-of-way, whichever is the greater distance.

5-3-1b Internal lot without road frontage: Minimum of fifty (50) feet from the property line designated as the front of the lot or parcel.

5-3-2 Side yard: Minimum of ten (10) feet from the property line and the total width of the required side yards shall be twenty-five (25) feet or more.

5-3-3 Rear yard: Minimum of twenty-five (25) feet from the rear property line.

5-3-4 Accessory structure: Minimum of fifteen (15) feet from a property line. An accessory structure shall not be located in the required front yard.§

5-3-5 Road frontage: Minimum of one hundred twenty-five (125) feet fronting on a public or private road built to state or county road standards.

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

5-4 Reserved for Future Use#

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

5-5 Reserved for Future Use#

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

5-6 Height Regulations#

Buildings may be erected up to thirty-five (35) feet in height from grade except that:

5-6-1 The height limit for dwellings may be increased up to ten (10) feet and up to three (3) stories provided there are two (2) side yards, each of which is ten (10) feet or more, plus one (1) foot or more of side yard for each additional foot of building height over thirty-five (35) feet.§

5-6-2 A public or semipublic building such as a school, church, library, or hospital may be erected to a height of sixty (60) feet from grade provided that required front, side, and rear yards shall be increased one (1) foot for each foot in height over thirty-five (35) feet.

5-6-3 Church spires, belfries, cupolas, monuments, chimneys, flues, flagpoles, water storage tanks, wooden poles for electric, telephone lines and similar lines/cables are exempt. Television antennae, and radio aerials pursuant to the provisions of Article 20 are also exempt. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest. (O2011-04)

(Ord. No. O2011-04, 8-9-11)

5-7 Special Provisions for Corner Lots#

5-7-1 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.

5-7-2 The side yard on the side facing the side street shall be twenty (20) feet or more for both main and accessory building.§

5-7-3 For subdivisions platted after the enactment of this ordinance each corner lot shall have a minimum width at the setback line of one hundred (100) feet or more.§

5-8 Site Plan#

Before a building and zoning permit shall be issued where three (3) or more dwelling units are to be placed on one (1) lot or parcel, a site plan of proposed development shall be approved by the Administrator, in conformance with Article 13 of this ordinance.§

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Summary of Dimensional Standards — Article 5 (R-1)#

Standard	Requirement
Minimum Lot Area (well/septic)	2 acres (87,120 sq ft) per dwelling unit
Minimum Lot Area (family subdivision)	1 acre (43,560 sq ft) per dwelling
Minimum Lot Area (public sewer — single-family)	30,000 sq ft
Minimum Lot Area (public sewer — two-family)	30,000 sq ft
Minimum Lot Area (public sewer — other permitted uses)	30,000 sq ft
Front Yard Setback	75 ft from center of road OR 50 ft from edge of right-of-way, whichever is greater
Front Yard Setback (internal lot, no road frontage)	50 ft from designated front property line
Side Yard Setback	10 ft minimum per side; total of both side yards ≥ 25 ft
Rear Yard Setback	25 ft
Accessory Structure Setback	15 ft from property line; not permitted in required front yard
Road Frontage	125 ft minimum on public or private road built to state/county standards
Maximum Building Height	35 ft from grade
Height Increase (dwellings)	Up to 45 ft / 3 stories with increased side yards (10 ft + 1 ft per additional foot over 35 ft)
Height (public/semipublic buildings)	Up to 60 ft with yards increased 1 ft per foot over 35 ft
Corner Lot — Side Street Yard	20 ft minimum
Corner Lot — Minimum Width at Setback Line	100 ft (for subdivisions platted after ordinance enactment)