“UNDERSTANDING THE PROPOSED ZONING ORDINANCE”

Developed from the Planning Commission and Board of Supervisors’ Work Sessions.

The district definitions in this synopsis were taken from the proposed zoning ordinance, written by Mr. Frank Cox of Cox Associates of Charlottesville at the request of the Nelson County Board of Supervisors and includes changes recommended by county staff and officials. Rural Nelson provides this summary to assist the citizens of Nelson in understanding the language and intent of the proposed ordinance. The Allowed Uses and Uses Allowed by Special Permit below are representative. The complete ordinance is available at www.ruralnelson.org or at the Planning & Zoning Office in Lovingston.

PROPOSED DISTRICTS:

RURAL & FARMING: the lowest density designation to provide a vehicle by which prime ag & forestry lands, natural & scenic resources, critical watersheds, sensitive environmental areas and large tracts of land in Nelson can be preserved and maintained.

Allowed Uses – general farming, agriculture, dairying, horticulture, forestry; single-family detached or a manufactured home on a permanent foundation. Also allowed – B&B’s; home occupations; non-commercial outdoor recreational activities including hunting; commercial winery with onsite sales; onsite commercial operation for ag & forestry sales.

Uses Allowed by Special Permit – commercial plant nursery; sawmill, antique shop; commercial horse center or recreation facilities, commercial hunting club, childcare or group home.

Residential Density Allowed – 25-acre tract – 1 lot per 5 acres for a total of 5 development rights. The minimum lot size is two (2) acres. 50-acre tract – 1 lot per 10 acres for a total of 5 development rights. The minimum lot size is two (2) acres. Any further division requires rezoning to a higher density district. Parcels with less than 10 acres (as of the date of adoption of the ordinance) – 1 dwelling unit, provided that bulk dimensions and lot size requirements are met.

RURAL RESIDENTIAL: designed to provide for modest levels of residential development in outlying areas not designated for public infrastructure and located around designated growth areas.

Allowed Uses – single-family homes or a manufactured home on a permanent foundation, residential subdivisions; general farming, agriculture, dairying & forestry and sales resulting from these activities; non-commercial recreational activities, including hunting.

Uses Allowed by Special Permit – modification of minimum lot size, density and bulk regulations for non-residential use; rural village retail use or country store; lodge or social club; commercial hunting club; restaurant; childcare or group home.

Residential Density Allowed – 15-acre tract – 1 lot per 3 acres for a total of 5 development rights. The minimum lot size is two (2) acres. 25-acre tract – 1 lot per 5 acres for a total of 5 development rights. The minimum lot size is two (2) acres. Any further division requires rezoning to a higher density zoning district. Parcels with less than 5 acres (as of the date of adoption of the ordinance) – 1 dwelling unit, provided that bulk dimensions and lot size requirements are met.

NEIGHBORHOOD RESIDENTIAL: designed to provide the highest density single-family residential in areas where public infrastructure is appropriate and will require public water & sewer, public roads and sidewalks as minimum standards.

Allowed Uses – single-family detached homes; home occupations; public parks & playgrounds.

Uses Allowed by Special Permit – agriculture, forestry & horticultural non-commercial uses; B&B’s; community centers; commercial swimming pools & tennis courts; golf courses (but not miniature golf or driving ranges).

Residential Density Allowed – Subdivision – 3 units per acre. Minimum District Size – 5 acres.

ATTACHED & MULTIFAMILY RESIDENTIAL: intended to provide for townhouses, cluster homes, duplexes, mid-rise apartments & condos in areas with public water & sewer and adequate transportation. The locations are to be organized around one or more of the village development models.

Allowed Uses – multiple-family, attached and duplex residential dwellings; private community facilities, recreation uses and other common area improvements; single-family detached residences if not more than 25% of the total planned residential units.

Uses Allowed by Special Use Permit – B&B’s; community centers; commercial swimming pools & tennis courts; home occupations; congregate care & childcare facilities; assisted living facilities.

Residential Density Allowed – Multi-family dwellings (conventional) 14 dwelling units per acre. Multi-family dwellings (proffered for elderly & assisted living) 20 dwelling units per acre. Attached dwellings – 8 dwelling units per acre. Single-family dwellings have the same density requirements as Neighborhood Residential. The minimum AMR district size is five acres. A minimum of 20% of the gross site area shall be common open space with 50% of that space developed as active recreational areas and facilities.

BUSINESS DISTRICT: 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.

Allowed Uses – Restaurants; B&B’s; craft and antique shops; retail establishments limited to 9,000 sq ft total floor area; service-type businesses limited to 9,000 sq ft total floor area.

Uses Allowed by Special Use Permit – hotel/motel; any permitted use requiring more than 9,000 sq ft total floor area.

Density Allowed – One acre with public water and sewer; two acres with well and/or septic system. Five percent (5%) of the gross site area shall be landscaped open space.

VILLAGE MIXED USE DISTRICT: designed to provide for neighborhood commercial, office, service and civic uses. Areas designated are to be well-defined, moderately dense centers of rural activity serving rural residential and rural village demands.

Allowed Uses – Banks; B&B’s; business service and office supply establishments; convenience stores without gasoline; offices – general and professional; restaurants; studios for artists.

Uses Allowed by Special Use Permit – Convenience stores with gasoline (no repair services or outdoor vehicle storage); fast-food restaurants; plant nurseries; use which has drive-in facilities.

Density Allowed – no minimum district size - maximum district size 10 acres with a 20,000 square foot minimum lot size with public water & sewer and 40,000 square feet without public water and sewer. Ten percent (10%) of the gross site area shall be landscaped open space.

TOWN CENTER: designed with the following objectives 1) encouraging continued use and revitalization of single-family residences within the district; 2) providing opportunities for selected businesses of a use and scale consistent with town center objectives; 3) enhancing pedestrian circulation patterns; 4) minimizing vehicular/pedestrian access conflicts; 5) respecting the geometry of the town center streetscape; maintaining strong continuity with the architectural precedents; providing flexibility for application of standards of site development; encouraging infill development at appropriate locations; and 6) ensuring availability of adequate infrastructure and utilities for new development.

Allowed Uses – residential dwellings; retail sales establishments; offices – general and professional; banks; eating establishments; home occupations, B&B’s.

Uses Allowed by Special Use Permit – post office & delivery services; any use that is conducted outside an enclosed building; any use incorporating drive-through facilities (except banks which are allowed by right); convenience stores; theaters; commercial recreation establishments; laundromats.

Density Allowed – minimum district size to conform to area as designated by the Official Zoning Map; minimum lot area 10,000 square feet with public water & sewer. Maximum residential density: 12 dwelling units/acre for mixed use structures with commercial uses on 1^st floor and residential uses on upper floors; 12 dwelling units/acre for multi-family dwellings; 16 units/acre for age-restricted, elderly or assisted living units; 8 dwelling units/acre for single-family attached dwellings; 3 dwelling units/acre for single-family detached dwellings (5 dwelling units per acre for qualifying cluster subdivisions). Open space is not regulated for existing structures and uses. A 10% area of the gross lot shall be landscaped open space for new structures/uses.

PLANNED SHOPPING BUSINESS: designed to deal with future pressures for free-standing shopping centers (i.e. shopping centers along major highways not planned as a part of a village or town model). The district would provide a tool to govern the details of such shopping areas.

Allowed Uses – centers with gross floor area of less than or equal to 150,000 square feet or an aggregate parcel size of 10 acres or less; an individual free-standing use with 60,000 square feet gross floor area. Uses allowed by right – retails sales; banks; fast-food restaurants (additional regulations apply); movie theaters; laundromats/drycleaners; offices; restaurants.

Uses Allowed by Special Use Permit – centers with gross floor area exceeding 150,000 square feet or a parcel size of more than 10 acres; an individual free-standing use of more than 60,000 square feet gross floor area. Uses allowed by Permit – automobile dealerships; auto repair within completely enclosed structures and with screened outdoor storage; car washes;

commercial recreational facilities; conference centers; hotels & motels.

Density Allowed – minimum district size 5 acres - maximum district size 10 acres. Minimum lot area is 40,000 square feet. A 7.5% landscaped open space area required.

LIGHT INDUSTRIAL: designed to accommodate light industrial and economic development activities within a clustered setting. The emphasis is on low density, well-landscaped, screened development compatible with all types of adjoining land uses.

Allowed Uses – banks, community facilities; corporate offices; establishments for scientific research (excluding biological and chemical); light manufacturing/fabrication; light warehouse establishments without outside storage.

Uses Allowed by Special Use Permit – auto service establishments (with screened outdoor service & storage areas); contractor’s office, shops & storage yards; establishments for biological and chemical scientific research; heavy equipment sales & servicing; screened outdoor storage for by-right uses.

Prohibited Uses – animal slaughterhouse; asphalt mixing plant; concrete mixing; blast furnace; mining; fireworks or explosives manufacturing; salvage yards; metal foundries; stockyards.

Density Allowed: minimum district size of 10 acres; minimum lot size 40,000 square feet. An open space (15% of the site shall be landscaped open space) and landscaping plan required.

HEAVY INDUSTRIAL: (two areas designated – one in Piney River at the Amherst line and the other at Tye River on 29 south near the Amherst line) designed to accommodate future medium and heavy industrial uses.

Allowed Uses – heavy equipment sales, rental & service; heavy vehicle services; lumberyards to include rock, sand & gravel storage; motor freight terminals; recycling centers; warehouses.

Uses Allowed by Special Use Permit – airports & aircraft industry; animal slaughterhouses; asphalt mixing plant; auto auction facility; bulk storage of flammable materials; fertilizer, lime & cement manufacturing; junkyards; stockyards; truck or bus terminals.

Prohibited Uses – acid manufacture; ammonia & chlorine manufacture; blast furnace; herbicide or insecticide manufacturing; new residential uses; petroleum, asphalt or related product refining.

Density Allowed - minimum district size of 5 acres; minimum lot size 40,000 square feet with public water & sewer. An open space (15% of the site shall be landscaped open space) and landscaping plan required.

OVERLAY DISTRICTS: these designations are designed to add an additional layer of control to specific areas.

Corridor Overlay – designed to protect the county’s entrance corridors and arterial roads and intended to stimulate complimentary new development in keeping with the county’s character to enhance its attractiveness to tourists, visitors and residents. At present, there are no roads designated pending development of a review committee and standards (to be approved by the Board of Supervisors).

Historic District Overlay – designed to promote the conservation and preservation of the county’s historic resources and properties.

Planned Community Development – designed to allow consideration of larger development in areas not previously considered. While not encouraging large development, the overlay provides an additional layer of control on the location and design of such developments. The

minimum district is 400 acres with 40% of the gross district dedicated to open space and 30% of that open space area developed as active recreation uses. The Planned Community Development overlay requires a Development Master Plan, Fiscal Impact Study, Transportation Master Plan, etc.

Floodplain Overlay – determined by FEMA maps.