County of Nelson Tourism Overlay District

Second Draft 11/5/2002

1. Purpose and Intent. The Tourism Corridor Overlay (TC-O) District is consistent with the goals and objectives of the Comprehensive Plan that discuss the importance of protecting and preserving the County’s historic resources and scenic beauty, promoting the efficient use of County resources, increasing local job opportunities and insuring compatibility among various land uses. Protecting these resources is particularly critical for strengthening tourism, which has been recognized as a key industry in Nelson County. The overlay district recognizes the unique character of the entrance corridors and arterial roads which serve as the gateways to the County and its many scenic communities and destinations. The protection of these corridors and gateways is intended to stimulate complementary new development which will be compatible with the County’s rural character and which will enhance its attractiveness to its residents, visitors and tourists.

The TC-O District is established in accord with Section 15.2-2306 of the Code of Virginia, as amended, to maintain, preserve, protect and enhance the historic character, cultural significance, economic vitality, visual quality and architectural character of the County. The application of this district is intended to ensure that the major existing and planned routes of tourist access, as well as other public access to the County’s scenic areas, are developed and maintained in a harmonious and compatible manner.

2. Application of the TC-O District. The boundaries of a TC-O District shall be established by the Board of Supervisors and applied to commercial, industrial and multi-family zoning districts which may be contiguous to or in direct view of existing and proposed arterial roads and streets serving as access to local and regional scenic and tourist-related areas, provided that single family residences located within the TC-O District which are not listed on the National Register of Historic Places or designated as a historic landmark by the County are exempt from this district. The TC-O District boundaries shall be delineated and mapped as an overlay district on the Official Zoning Map as adopted by the Board of Supervisors with amendments thereto as may be adopted from time to time.

3. District Administration-Review Board. Design administration in the TC-O District shall be accomplished by the Planning Director guided by the decisions of the Tourism Corridor Review Board (hereinafter “Review Board”) appointed by the Nelson County Board of Supervisors. The composition of the Review Board is described in Paragraph 15.

4. Review Board Power to Approve. Except as provided in Paragraph 6. below, no zoning or building permit shall be issued for the erection, reconstruction, exterior alteration, restoration, rehabilitation, razing, relocation or demolition of any building, structure, signs, fences, walls, light fixtures, outbuildings, pavements, grading, site improvements, significant landscaping features or other appurtenant element in the TC-O District unless and until such building or site element has been approved by the issuance of a Certificate of Appropriateness by the appointed Review Board.

5. General Considerations for Review. The Review Board shall promptly review each application. The Review Board shall consider only those design features subject to public view and shall not make any requirements except for the purpose of preventing development which is architecturally incompatible with the scenic aspects of the overlay districts subject to architectural review. It is not the intent of this ordinance to prohibit or discourage contemporary design that complements the surrounding architecture and cultural setting.

The Planning Director serves as agent to the Review Board. In determining appropriateness of any structural erection, reconstruction, exterior alteration or restoration the Review Board and the Planning Director shall consider, the following:

A. The compatibility with the design and development standards and criteria as included in the Tourism Corridor and Gateway Design Guidelines (to be adopted by the Board of Supervisors and, further, with amendments thereto as may be adopted from time to time).

B. The appropriateness of the general design geometry and proportions, structural arrangement, building materials, texture and color of the proposed building, structure or appurtenant element in relation to such factors as the compatibility with similar features of buildings or structures within the TC-O district.

C. The historical or architectural value and significance of the building, structure or appurtenant element and its relationship to the historic or architectural value of the area in which it is proposed to be located.

D. The extent to which the building, structure or appurtenant element will be harmonious with or architecturally incompatible with the historic buildings within the subject overlay district(s).

E. The compatibility of planned improvements and renovations with the architectural and historic quality, character and scale of the historic buildings in the County of Nelson.

F. The effect of the building, structure or appurtenant element on the Comprehensive plan’s goals for tourism, economic development, and land use in and around the County’s Tourism and Entrance Corridors.

G. The compatibility of the proposed building, structure or appurtenant element with the Comprehensive Plan’s goals for historic preservation, and architectural design review.

H. The ability of the owner to put one’s property to reasonable and beneficial use.

6. Exemptions from Review. The Review Board shall not consider detailed designs, interior arrangements or features of a building, structure or appurtenant element which are not subject to public view from a public street, public way or other public place. Agricultural, forestal and single family uses are exempt from review.

7. Application Process. All applications for Review Board approval under the provision of this Article shall be made to the Director of Planning, agent to the Review Board, at least twenty-one (21) calendar days before the next regularly scheduled meeting of the Review Board. Upon receipt of a complete application, it shall be the Director of Planning’s responsibility to schedule a review at a regular or special meeting of the Review Board, provided that such notice of review shall be posted in a place visible to the public view in the County’s Court House not less than five (5) days nor more than ten (10) days prior to the scheduled review. Such posted notices shall specify the time and place of the review at which person(s) affected may appear and present views. Meetings of the Review Board shall be open to the public.

Application Requirements: In consideration of a complete application, the Planning Director and the Review Board may require any or all of the following information and any other materials as may be deemed necessary for its review:

A. Statement of proposed use and user.

B. Statement of estimated construction time.

C. Photographs and maps relating proposed use to the surrounding property and/or the corridor on which it is located.

D. Site plan drawings, prepared to meet the County site development plan submission requirements for a Major or Minor Site Plan, and other exhibits showing the location of the existing ‘and proposed building and site improvements, including:

(1) existing property boundaries, building placement and site configuration,

(2) existing topography and proposed grading,

(3) location of existing parking, pedestrian access, signage, exterior lighting, fencing and other site improvements,

(4) relationship to adjacent land uses,

(5) proposed site improvements, including location of parking, pedestrian access, signage, exterior lighting, fencing, buildings and structures and other appurtenant elements, proposed building color and materials,

(6) relationship of building and site elements to existing and planned corridor development and

(7) relationship of parking, pedestrian facilities, and vehicular accessways to existing and planned corridor development.

(8) other site plans and subdivision plats as may be required by Nelson County for development approval.

E. Architectural drawings showing plan view and elevations of new planned construction or renovations, including drawings of original building.

F. A landscaping and buffer plan.

G. Designs for exterior signing, lighting and graphics, to include description of materials, colors placement and means of physical support, lettering style and message to be placed on signs.

H. Graphic exhibits depicting compliance with other design elements as outlined in the Tourism Corridor and Gateway Design Guidelines (at such time as these plans are adopted).

8. Public Record of Review Board Meetings: The Planning Director shall ensure that a record of the Review Board actions and proceedings is maintained and available to the general public.

9. Required Action by Review Board: The Review Board shall review and act upon the application within forty-five (45) calendar days upon submission of a complete application, unless the application was extended by mutual written agreement of the Review Board and the applicant. The Review Board shall act to approve, approve with modification, extend, or deny the application.

The Director of Planning shall notify the applicant of actions of the Review Board within fourteen (14) calendar days from the date of hearing on which action on the application was taken. Applications deemed incomplete by either the Director of Planning or the Review Board shall be returned to the applicant within fourteen (14) calendar days of initial application submission. The returned application shall include a letter prepared by the Director of Planning with adequate instructions to inform the applicant of additional information required to complete the submission. The Review Board will not act upon an incomplete application.

10. Conditions and Limitations on Approvals: Review Board approval of an application submitted under the provision of this article shall expire five (5) years after the date of such approval unless:

A. A building permit has been obtained for construction.

B. An extension has been granted by the Review Board. Such extension grant shall not exceed six (6) months.

11. Appeal of Review Board Decision: Any person aggrieved by any decision of the Review Board may appeal such decision to the County’s Board of Supervisors, provided that such appeal is filed within fourteen (14) calendar days from the date of notification of Review Board decision.

The Board of Supervisors shall consult with the Review Board in relation to any appeal and may require documentation of any Review Board decision prior to hearing the appeal. The Board of Supervisors may affirm, reverse or modify the Review Board decision and shall notify the Director of Planning of its action,

12. Appeal of Board of Supervisors’ Decision: Any person aggrieved by any decision of the County’s Board of Supervisors may appeal such decision to the local circuit court provided that such appeal is filed within thirty (30) days after the final decision is rendered by the Board of Supervisors.

The filing of the said petition shall stay the decision of the Board of Supervisors pending the outcome of the appeal to the circuit court, except that the filing of such petition shall not stay the decision of the Board of Supervisors if such decision denies the right to raze or demolish a historic landmark, building or structure.

13. Permitted Uses and Limitations: All uses shall be governed pursuant to the underlying district regulations of the zoning district in which the TC-O District is located. Nothing in this article shall be construed to prevent the application of the building code or other laws and ordinances of the County of Nelson which are applicable thereto. Parking and loading provisions shall be in accordance with the provision of the zoning ordinance unless otherwise restricted by the conditions of Review Board approval.

14.General Powers and Duties of Review Board: Based on the criteria established in this article and by other adopted design guidelines of the County of Nelson, it shall be the function of the Review Board to pass upon the appropriateness of the exterior architectural features and appurtenant elements of new structures, buildings or appurtenant elements reconstructed, altered or restored in any designated TC-O district. It shall also be the responsibility of the Review Board to approve major site plans and landscape plans for projects not otherwise exempt in the designated TC-O Districts. Single family and agricultural construction is exempt from this review.

15. Establishment of Review Board: For the purpose of administering the provisions of this article, there shall be established a Review Board. Members of the Review Board shall be appointed by the Board of Supervisors. The Review Board shall consist of five (5) citizens of Nelson County, at least one of whom shall be either an owners of, or representative of, a businesses operating within a TC-O District.

In addition to the above qualifications, one of the members shall be a licensed architect or building contractor, one shall be a professional engineer or registered landscape architect, one shall be a member of the County’s Planning Commission, and at least one shall be a citizen who has demonstrated outstanding interest and knowledge in historical or architectural development within the County. The term of office shall be for four years; except that original appointments shall be made for such terms that the term of at least one member shall expire each year. The Review Board shall elect its chairman.

Appointments to fill vacancies shall be made only for the unexpired term. Members may be reappointed to succeed themselves. A member whose term expires shall continue to serve until his successor is appointed and qualifies. The Review Board shall adopt roles of procedure and keep minutes of its meetings. A waiver of the membership constituency of the Review Board may be provided in the event that the Board of Supervisors cannot fulfill the membership requirements as outlined herein above.

16. General Rules of Review Board: There shall be a regular monthly meeting of the Review Board except that, at the discretion of the Chairman, a regular meeting may be canceled if there is no business pending before the Review Board and after inquiry of the other members there is no known new business to be presented. A schedule of the dates of the monthly meetings shall be established annually and shall be posted in a visible place in the County Courthouse.

Special meetings of the Review Board may be called by the Chairman or by two members upon written request to the secretary. The secretary shall mail to all members of the Review Board, at least five days in advance of a special meeting, a written notice fixing the time and place of the meeting and the purpose thereof. Written notice of a special meeting is not required if the time of the special meeting has been fixed at a regular meeting, or if all members are present at the special meeting or file a written waiver of notice.

For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Review Board.

The Review Board may make, alter, or rescind roles and forms for its procedures, consistent with the ordinances of the County and the general laws of the Commonwealth of Virginia.

It shall be the continuing duty of the Review Board to define, update and recommend to the Board of Supervisors architectural review standards and design criteria deemed appropriate to the TC-O Districts. These standards and criteria shall serve as the guideline for making decisions on specific applications to the Review Board.

It shall be the continuing duty of the Review Board to investigate and delineate buildings, structures, places and areas in the County having historic interest or scenic value which should be protected, to achieve the purposes and objectives of this article. The Review Board shall report from time to time to the Board of Supervisors to make recommendations on district boundaries, architectural review criteria, design standards and other related initiatives and considerations deemed appropriate to the effective operation of the Review Board and the implementation of this article.

Notwithstanding the provisions of this article, the Review Board may perform other duties under the authority of the Zoning Ordinance and as may be designated by the Board of Supervisors.