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#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#

---

ARTICLE 8B — SERVICE ENTERPRISE DISTRICT SE-1#

Statement of Intent#

This district is designed to allow limited service-oriented commercial uses not in conflict with the low-density appearance and quiet, rural atmosphere characterized and promoted within agricultural and residential districts. This zone shall be characterized by significant setback and yard requirements, by very limited signage and by uses balancing the area's need for service-oriented industry with adjoining residential and agricultural uses. It is anticipated that the zone shall consist of mixed agricultural, residential and service-oriented commercial uses in an overall atmosphere maintaining a low-density appearance and rural quality of life.

8B-1 — Uses—Permitted by Right#

8B-1-1#

Single-family detached dwellings.

8B-1-2#

Two-family detached dwellings.

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. (O2016-02)

8B-1-4#

Agricultural operations. (O2016-01)

8B-1-5#

Home occupations, classes A and B.

8B-1-6#

Reserved.

8B-1-7#

Public utilities limited to poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities.

8B-1-8#

Manufactured home: provided that the house is nineteen (19) or more feet in width, on a permanent foundation, on an individual lot, and meets skirting standards of the Uniform Statewide Building Code.§

8B-1-9#

Crafts, furniture making, cabinet making, upholstery, pottery, decorating, art and substantially similar trades, including production, assembly or sale of goods made, or finished in a manner contributing substantially to the final product, on the premises, and, provided the total floor space of all structures devoted wholly or partially to such uses does not exceed four thousand (4,000) square feet.

8B-1-10#

Restaurants.

8B-1-11#

Banks.

8B-1-12#

Barber and beauty shops.

8B-1-13#

Offices, professional and service.

8B-1-14#

Funeral home.

8B-1-15#

Golf driving range, not to include miniature golf courses.

8B-1-16#

Veterinary clinic.

8B-1-17#

Fraternal lodges and community buildings.

8B-1-18#

Summer and day camps.

8B-1-19#

Cemetery.

8B-1-20#

Antique shops.

8B-1-21#

Communication towers subject to Article 20, Communication Tower Ordinance.

8B-1-22#

Farm winery.

8B-1-23#

Small wind energy system, per requirements in Article 22 of these regulations.

8B-1-24#

Farm brewery, limited. (O2014-06)

8B-1-25#

Roadside stand, class A and B. (O2016-01)

8B-1-26#

Farmers market. (O2016-01)

8B-1-27#

Category 1 Temporary Event.

8B-1-28#

Category 2 Temporary Event.

(Ord. of 6-8-99; Ord. No. O2007-006, § 5, 9-11-07; Ord. No. O2009-12, § 1, 11-10-09; Ord. No. O2014-06, 10-14-14; Ord. No. O2016-01, 4-12-16; Ord. No. O2016-02, 4-12-16; Ord. No. O2016-04, 1-10-17; Ord. No. O2022-02, 8-9-22)

8B-1-a — Uses—Permitted by Special Use Permit Only#

8B-1-1a#

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

8B-1-2a#

Amusement park, theater, bowling alleys, dance halls, and similar forms of public amusement.

8B-1-3a#

Blacksmith shops. (Res. of 9-11-90)

8B-1-4a#

Convenience store.

8B-1-5a#

Farm winery permanent remote retail establishment.

8B-1-6a#

Gasoline filling stations and/or servicing and minor repair of motor vehicles in an enclosed structure.

8B-1-7a#

Hotel and motel.

8B-1-8a#

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

8B-1-9a#

Multifamily dwelling.

8B-1-10a#

Kennels.

8B-1-11a#

Activity center. (O2013-07)

8B-1-12a#

Distillery. (O2014-06)

8B-1-13a#

Brewery. (O2014-06)

8B-1-14a#

Campground. (O2016-02)

8B-1-15a#

Outdoor Entertainment Venue.

(Ord. No. O2010-09, § 1, 9-14-10; Ord. No. O2013-07, 9-10-13; Ord. No. O2014-06, 10-14-14; Ord. No. O2016-01, 4-12-16; Ord. No. O2016-02, 4-12-16; Ord. No. O2016-04, 1-10-17; Ord. No. O2022-02, 8-9-22)

8B-2 — Regulations for SE-1 Zone#

8B-2-1 — Height#

The maximum height of any building shall be thirty-five (35) feet from grade. Church spires, belfries, cupolas, monuments, water storage tanks, chimneys, flues, flagpoles and wooden poles for electric, telephone lines and similar lines, are exempt. Television antennas and radio aerials pursuant to Article 20 are also exempt. (O2011-04)

8B-2-2 — Setback#

Setback Type	Commercial Buildings	Residential Buildings
8B-2-2a — Front	Seventy-five (75) feet from the right-of-way for public street, road or highway	Thirty-five (35) feet from the right-of-way for a public or private road
8B-2-2b — Side	Twenty-five (25) feet	Twenty-five (25) feet
8B-2-2c — Rear	Twenty-five (25) feet	Twenty-five (25) feet
8B-2-2d — Corner Lot (as defined in Article 2, "Definitions"):
8B-2-2e — Front	Seventy-five (75) feet from the right-of-way for a public street, or road	Thirty-five (35) feet from the right-of-way for a public, private street or road
8B-2-2f — Side	Seventy-five (75) feet from the right-of-way for a public street, or road	Thirty-five (35) feet from the right-of-way for a public, private street or road
8B-2-2g — Rear	Twenty-five (25) feet from any side yard having no frontage on a public street, or road	Twenty-five (25) feet from any side yard having no frontage on a public, private street or road

8B-2-3 — Area#

No lot shall be smaller than forty thousand (40,000) square feet.

8B-2-4 — Frontage#

No lot shall have less than one hundred twenty-five (125) feet of road frontage.

8B-2-5 — Yard#

No side yard shall be less than twenty-five (25) feet. No rear yard shall be less than twenty-five (25) feet.

8B-2-6 — Reserved#

8B-2-7 — Parking#

All parking areas shall be screened with vegetation where necessary to screen the parking area from view from the street and adjoining lots. Not to be located in front of the setback line.§

8B-2-8 — Signage#

Signs within this zone shall be permitted and limited on a case-by-case basis, as part of the "Site Review" process, except that no sign shall be larger than those permitted in an Agricultural Zone.

8B-2-9 — Nonconforming Lots#

Any lot not conforming with the regulations of this article as of its effective date shall be exempt from conformance, except upon any change in use of the lot requiring submission of a site plan.§

8B-2-10 — Site Plan#

A site plan shall be required upon any change in use from residential or farming to any other use permitted by right or by special use permit under this article. A site plan shall be required for any expansion of an existing nonresidential or nonfarm use entailing an increase of twenty (20) percent or more in square footage of any building or buildings devoted in whole or in any part to such use. The site plan shall conform to the requirements of Article 13 of this ordinance, shall show the intended use of the property, and shall show compliance with the regulations of this article.

(Ord. of 6-8-99; Ord. of 11-9-99, § 1; Ord. No. O2007-003, 5-21-07; Ord. No. O2011-04, 8-9-11)