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Nelson County Unincorporated
City Zoning Code

ARTICLE 12

- GENERAL PROVISIONS

12-1
Zoning permits.

12-1-1
Improvements shall be started, reconstructed, enlarged, or altered only after a zoning permit has been obtained from the Planning and Zoning Director.

12-1-2
An application shall be made by all property owners, a contract purchaser with the owners' written consent, or the owners' agent. Each application shall be accompanied by three (3) copies of a Minor Site Plan or ten (10) copies of a Preliminary or Final Site Plan, as the case may be, pursuant to Article 13, accompanied by a filing fee as provided in Article 13. Upon approval of an optional Preliminary Site Plan, the applicant shall submit a Final Site Plan for review before issuance of the permit.

12-1-3
In the event of a proposed expansion or other material change to improvements for which a zoning permit has been issued previously, the Planning and Zoning Director may approve an amended Minor Site Plan or Final Site Plan, as the case may be, in accordance with Section 13-2 of this Chapter.

12-1-4
Where an individual septic system is to be used, the owner/agent must submit either a bare application (an application for an individual lot submitted to the Virginia Department of Health for which a representative of this Department will do the required site evaluation to issue a sewage disposal system construction permit) or an AOSE (Authorized Onsite Soil Evaluator) application for each lot to the Virginia Department of Health. The soils work for either application shall show the primary drainfield area together with a reserve area equal to:

(a)

For Class 1 and 2 soils, a minimum of fifty (50) percent of the capacity of the primary area; and

(b)

For all other soil classes, a minimum of one hundred (100) percent capacity of the primary area.

12-1-5
Where an alternative waste treatment system is to be used, the developer/property owner shall provide to the Building Official and Planning Director documented proof that the soils and parent materials are satisfactory to the Virginia Department of Health, and shall obtain approval of the alternative waste treatment system from the appropriate state agencies, including the Virginia Department of Environmental Quality and the Virginia Department of Health. Such documented proof and approval shall be filed at the time a building permit and zoning permit are applied for.

In all zoning districts, the reserve area for an alternative waste treatment system shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the primary area.

12-1-6
Any other information which the Planning and Zoning Director deems necessary for consideration of the application may be required. Article 13 shall govern consideration of the application.

(Ord. No. O2008-08, § 1, 11-18-08; Ord. No. O2010-05, § 1, 7-13-10)

12-2
Certificate of occupancy.

The Planning and Zoning Director and the County's Building Official shall develop joint forms and procedures designed to streamline applications to their respective offices.

(Ord. No. O2010-05, § 1, 7-13-10)

12-3
Special use permits.

12-3-1
For the purposes of this Article, the phrase "Special Use" shall mean either Conditional Use or Special Use, as the case may be.

12-3-2
General Standards and Criteria for Special Use Permit Review.

All applications for Special Use Permits shall be reviewed using the following criteria:

a.

The use shall not tend to change the character and established pattern of development of the area or community in which it proposes to locate;

b.

The use shall be in harmony with the uses permitted by right in the zoning district and shall not affect adversely the use of neighboring property;

c.

The proposed use shall be adequately served by essential public or private services such as streets, drainage facilities, fire protection and public or private water and sewer facilities; and

d.

The proposed use shall not result in the destruction, loss or damage of any feature determined to be of significant ecological, scenic or historic importance.

12-3-3
Special Conditions.

The Board of Supervisors may grant or deny the application either in part or in full and may impose such modifications, regulations, or restrictions, including a limitation of the time for which the permit shall be valid, which such Board in its discretion may determine necessary or requisite in order that the general objectives and purpose of this ordinance shall be complied with.

12-3-4
Application Requirements for Special Use Permits.

a.

An application for a Special Use Permit shall be made by all property owners, a contract purchaser with the owners' written consent, or the owners' agent. The application shall be submitted to the Planning and Zoning Director, and shall be accompanied by the required filing fee.

b.

If the request for a Special Use Permit has been denied by the Board of Supervisors, a request in substantially the same form shall not be resubmitted within one (1) year of the date of denial.

c.

The application shall include the following information:

1.

A Minor Site Plan in accordance with Article 13 of this Ordinance.

2.

A description of the proposed use and, where applicable, the hours of operation and the proposed number of employees or patrons.

3.

A written statement of proposed project compatibility with the following:

i.

The Comprehensive Plan.

ii.

The applicable zoning district.

iii.

The surrounding properties.

iv.

Current and future neighborhood conditions.

v.

Traffic patterns, on-site and off-site.

4.

When requested by the Planning and Zoning Director, the Commission, or the Board of Supervisors, the following information shall be provided by the applicant:

i.

The architectural elevations and floor plans of proposed building(s).

ii.

Traffic impact analysis.

iii.

Fiscal impact analysis.

iv.

Parking and site circulation analysis.

v.

Photographs of property and surrounding area.

vi.

Environmental impact statement.

The Planning and Zoning Director shall not refer the application to the Commission until the application contains all of the information required by this Article.

12-3-5
Action by Planning Commission.

a.

No Special Use Permit shall be approved unless the proposal has been reviewed by the Commission. The Commission shall conduct at least one (1) public hearing in accordance with State law. Following the public hearing, the Commission shall prepare and by motion, adopt its recommendations, which may include changes in the applicant's original proposal, and shall report such recommendations, together with any explanatory material, to the Board of Supervisors.

b.

Failure of the Commission to act within one hundred (100) calendar days of the first meeting of the Commission after official submission of the proposal shall be deemed approval, unless the proposed Special Use Permit has been withdrawn by the applicant prior to the expiration of such time period or the time period has been extended by mutual agreement by the County and the applicant.

12-3-6
Action by Board of Supervisors.

Before approving a Special Use Permit, the Board of Supervisors will hold at least one (1) public hearing in accordance with State law, after which such Board may make appropriate changes to or impose appropriate conditions upon the proposed special use. Nothing herein shall preclude the Board from holding a joint public hearing with the Commission. Unless a longer period is agreed to by the applicant, the Board shall act within one (1) year of the official submission of the application.

12-3-7
Major Site Plan.

Upon approval of the application by the Board of Supervisors, a Preliminary and Final Site Plan, if required, shall be filed with the Planning and Zoning Director and reviewed by the Planning Commission pursuant to Section 13-5 of this Chapter.

12-3-8
Renewal of SUP with Time Limits, Expiration, Revocation.

a.

Renewal of SUP with Time Limits.

1.

A renewal shall be for the purpose of allowing a new period of time for the operation of a currently valid Special Use Permit, provided, however, that the Board of Supervisors shall not approve a renewal application for a use which is no longer allowed as a Special Use Permit in the zoning district in which the Special Use Permit is located.

2.

The procedure for the renewal of a Special Use Permit shall be the same as specified herein for the approval of the original permit, except that the Planning and Zoning Director may waive any submission requirement if such requirement is deemed not necessary for an adequate review of the application.

3.

Any Special Use Permit that is not renewed prior to the established time shall expire without notice and become null and void.

b.

Expiration.

1.

Whenever a Special Use Permit is approved by the Board of Supervisors, the special use authorized shall be established, or any construction authorized shall be commenced and diligently pursued, within such time as the Board of Supervisors may have specified, or, if no such time has been specified, then within twelve (12) months from the approval date of such permit.

2.

If the special use or construction has not commenced in accordance with the above provisions, then the Special Use Permit shall automatically expire without notice and become null and void.

c.

Revocation.

1.

Unless a time limit is specified for a Special Use Permit, the same shall be valid for an indefinite period of time, except that if the use or activity should cease for any reason for a continuous period of two (2) years or more, the permit shall automatically terminate without notice and become null and void.

2.

The approval of a new Special Use Permit shall be required prior to any subsequent reinstatement of the use.

3.

A Special Use Permit shall be revocable upon written order of the Board of Supervisors at any time because of the failure of the owner or operator of the use covered by the permit to observe all requirements with respect to the maintenance and conduct of the use and all conditions in connection with the permit that were imposed in issuing the same. A revoked permit shall become null and void.

d.

Official Submission. An "official submission" is an application or plan that has been filed in the correct form in the proper office accompanied by the appropriate fee and containing all information required by this Article.

12-3-9
It shall be the duty of the Zoning Administrator to see that the decisions of the Board of Supervisors are complied with.

12-3-10
In enforcing the requirements of the Special Use Permit, the Planning and Zoning Director shall give written notice of violation by certified mail, return receipt requested, to the landowner and to any other person responsible for a violation and who shall be allowed a period of thirty (30) days to correct the violations or to respond to the Planning and Zoning Director seeking relief.

In addition to any other proceeding or remedy available, the Planning and Zoning Director may initiate legal action to force compliance. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law with respect to violations of the provisions of this ordinance.

12-3-11
A Special Use Permit becomes void if the permit is not utilized within twelve (12) months after approval, or in the event the use has been discontinued for a consecutive twelve-month period.

(Ord. of 9-13-88; Res. of 7-12-94; Ord. No. O2010-05, § 1, 7-13-10)

12-4
Reserved for future use.

(Ord. No. O2010-05, § 1, 7-13-10)

12-5
Reserved.

(Ord. No. O2008-04, § 1, 5-13-08)

12-6
Widening of streets and highways.

Whenever there shall be plans in existence, approved by either the State Department of Highways or by the governing body for the widening of any street or highway the Commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

12-7
Minimum off-street parking.

The purpose of the regulations set forth in this article is to set forth off-street parking requirements for different permitted uses in this Appendix, to provide necessary parking for the people using various facilities and services, and to reduce traffic hazards and conflicts.

12-7-1
General requirements. Off-street automobile and vehicular storage or parking spaces shall be provided as specified in this section, except that an exemption from off-street parking requirements is herein provided. Required storage and parking spaces shall be provided on the same or an adjacent area within the County.

12-7-2
Meaning of "adjacent area of land". "Adjacent area of land", as used in this section shall mean any plat of land located not more than six hundred (600) feet from any nonresidential building or other nonresidential improvement served. Such distance shall be measured from the nearest parking space along the shortest line of public pedestrian access to the building or improvement served. For the purposes of this article, such adjacent areas of land may be leased from another owner if the Director of Planning approves such lease agreement.

12-7-3
Area exempt from the minimum off-street parking requirements. The following area shall be exempt from the requirements of this section except as hereinafter provided: all property located east of the north lane of Thomas Nelson Highway (Rt. 29) between the intersection of Front Street and Thomas Nelson Highway (south Lovingston) and a point approximately six hundred seventy-five (675) feet north of the intersection of Northside Lane (north Lovingston) east to the intersection of Front Street and Orchard Street to a line one hundred fifty (150) feet east and parallel to Front Street and all the property located on the north and south sides of Main Street between Front and Court Street for a depth of one hundred fifty (150) feet on each side street of this portion of Main Street.

12-7-4
Conditions of exempt area.

12-7-4a
Any new construction in the exempt area which replaces the existing floor area or increases the existing floor area by less than ten (10) percent shall not be required to meet the requirements of this section.

12-7-4b
Any addition to the exempt area which increases the existing floor area by more than ten (10) percent shall be required to provide one (1) service space and at least one (1) handicapped space unless waived by the Director of Planning or Planning Commission due to site space limitations or needs. Appeal from such a determination shall be the same as outlined in Section 13-5-5.

12-7-4c
Any new construction on a parcel of land in the exempt area totally vacant at the time of adoption of this provision on March 10, 1998, shall be required to provide one (1) service space and at least one (1) handicapped space.

12-7-4d
"Existing floor area" in this section refers to the total existing floor area at the time of this provision on March 10, 1998.

12-7-5
Determination of conference. Any use for which parking is approved as of March 10, 1998, shall be considered as conforming, so long as the use of the building remains undamaged.

12-7-6
Required spaces for specific uses. The following chart sets forth the number of off-street parking spaces required for specific uses:

USE NUMBER OF SPACES
12-7-6a Commercial
(1) Retail—Stores and other than commercial building not specified 1 space for each 200 sq. ft. of public floor area
(2) Shopping centers or similar retail groups of buildings 1 space for each 225 sq. ft. of public floor area
(3) Restaurants 1 space for each 100 sq. ft. of public floor area
(4) Fast food and/or drive-in restaurants 2 spaces for each 100 sq. ft. of public floor area, 15 spaces minimum
(5) Kennel, commercial 1 space for each 500 sq. ft of public floor area
(6) Furniture and appliance store 1 space for each 750 sq. ft. of public floor area
(7) Building supply or home center 1 space for each 400 sq. ft of public floor area located within a building plus 1 space for each 2,000 sq. ft. of storage outside main building
(8) Greenhouses, nursery centers, lawn and garden centers 1 space for each 200 sq. ft. of public floor area located within a building plus 1 space for each 700 sq. ft. of gross area located in greenhouses or open storage/growing areas
12-7-6b Educational
(1) Schools, colleges and similar establishments 2 spaces for each classroom and 1 space for each 300 sq. ft. of other teaching space
(2) Nursery schools and child care 1 space for each 20 children plus 1 space for each employee
12-7-6c Industrial
(1) Manufacturing and Industrial plants including warehouses and storage 1 space for each employee maximum shift
12-7-6d Medical
(1) Hospitals, rest homes, nursing homes, sanitariums 1 space for each 2 beds
12-7-6e Office
(1) Office buildings 1 space for each 300 sq. ft. of office floor area
12-7-6f Places of Assembly
(1) Churches and other places of worship 1 space for each 4 fixed seats public or fraction thereof for the main public room(s) or 1 space for each 100 sq. ft. of public assembly where there are no fixed seats
(2) Clubs, lodges and assembly halls and similar uses without fixed seats 1 space for each 100 sq. ft. of area used for assembly.
(3) Theaters, auditoriums and other places of public assembly with fixed seats 1 space for each 4 seats or 1 space for each 100 sq. ft. of public assembly where there are no fixed seats
12-7-6g Recreation
(1) Bowling alley 5 spaces for each lane
(2) Golf courses 5 spaces for each hole
(3) Driving ranges 1 space for each driving tee
(4) Miniature golf courses 3 spaces for each hole
(5) Dance halls, skating rinks and other similar indoor commercial facilities 1 space for each 200 sq. ft. of public floor area
(6) Swimming pools (membership) 1 space for each 90 sq. ft. of swimming area
12-7-6h Residential and Lodging
(1) Dwellings, one-family, duplex, multifamily 2 spaces for each dwelling unit
(2) Motels, hotels, boarding houses 1 space per bedroom plus 1 space for every 2 employees
12-7-6i Vehicle Sales and Services
(1) Auto service stations and repair garages 2 spaces for each service bay
(2) Automobile self service stations 1 space for each 200 sq. ft. of floor area for stations' attendant booth, store, etc.
(3) Vehicle sales, service, rental 1 space for each 400 sq. ft. of enclosed sales, rental office and parts floor area plus 2 spaces for each service bay

 

12-7-7
Required off-street loading spaces. Spaces for the loading and unloading of trucks and vans shall be provided in association with business and industrial uses as follows: One (1) off-street loading space shall be provided and maintained for the first 5,000 square feet of gross floor area, plus one (1) additional space for each additional twenty thousand (20,000) square feet.

12-7-8
Design standards. All multifamily, business and industrial uses shall prepare and present for approval complete parking and loading plans which must meet the following standards as a minimum. Additional requirements may be imposed if it is determined that the proposed use would adversely impact the general public health, safety, or welfare without design modification.

12-7-8A
Parking space dimensions. All parking spaces shall be a minimum of eighteen (18) feet in length and nine (9) feet in width.

12-7-8B
Handicapped parking spaces. Parking spaces shall be provided and designated for use by the handicapped in accordance with the parking space accessibility requirements referenced in Chapter 11 of the Uniform Statewide Building Code, Volume 1.

12-7-8C
Loading space dimensions. Each loading space shall be at least twelve (12) feet wide and thirty (30) feet long. Each loading space shall have a vertical clearance of fifteen (15) feet.

12-7-8D
Surface treatment. The drives, parking areas, loading areas, and pedestrian walks shall be surfaced with concrete, bituminous concrete (asphalt), tar and gravel, or at least six (6) inches of stone. The perimeter of gravel parking lots shall be delineated by bumper blocks, railroad ties, or timbers or similar such treatment to maintain the integrity of the parking lot dimensions.

12-7-8E
Space demarcations. Concrete and bituminous concrete parking spaces shall be marked by durable painted lines. In gravel parking lots, each parking space shall be delineated at the end of each space by an individual bumper block, railroad tie, or timber.

12-7-8F
Drainage. Parking lot and loading space drainage shall be designed to comply with the requirements of the Nelson County Erosion and Sedimentation Control Ordinance.

12-7-8G
Setbacks. All parking lots shall be located no closer than five (5) feet from any side or rear property line when a commercial district is next to a residential district, the distance shall be fifteen (15) feet. The front setback shall comply with the requirements of the applicable zoning district. A minimum of fifty (50) percent of the road frontage shall be landscaped.

12-7-8H
Internal circulation and access. Traffic lanes between parking spaces and ingress and egress lanes shall be a minimum of twenty-two (22) feet in width. Sites shall be designed to achieve direct and convenient vehicular circulation between parking lots on adjacent properties. Signs and traffic markings shall be used as necessary to ensure safe traffic and pedestrian movement. All parking lots shall be provided with safe access to a public road using an entrance of such dimensions and location including any tapers and turn lanes as required by the Virginia Department of Transportation.

12-7-8I
Drive-in (stacking) lanes. Stacking space shall be provided for any use having drive-through facilities or areas having drop-off and pick-up areas. A separate lane, with a minimum width of nine (9) feet shall be provided for all drive-in or pick-up facilities. Such lanes shall be clearly separated from parking spaces, aisles and driveways. Stacking spaces shall have a minimum length of twelve (12) feet, with a minimum of four (4) stacking spaces provided.

12-7-8J
Dumpster and garbage can areas. Solid waste storage areas (dumpster and garbage can) shall be fully screened from view by a solid fence, wall, and/or dense evergreen plantings.

12-7-8K
Lighting. Outdoor lighting for parking and loading spaces shall be arranged to deflect glare away from adjoining properties and public streets. Sources of light on a lot shall be hooded or of directional type capable of shielding the light source from shining on adjoining property or public right-of-way.

12-7-8L
Landscaping shopping centers. A minimum of eight (8) percent of the interior portions of a shopping center parking lot shall be landscaped. Such interior landscaping shall be provided on raised islands at least one hundred (100) square feet in area with sides measuring at least five (5) feet in length. Within the parking lot, raised islands shall be reasonably dispersed throughout to break up the expanse of paving. One (1) tree must be planted for every two hundred (200) square feet per island and three (3) shrubs with a minimum height of two (2) feet for each tree. The remainder of the area of the island shall be landscaped with low growing vegetative ground cover and material such as mulch.

12-7-8M
Loading space obstruction and access. Loading spaces shall be designed to permit loading and unloading without requiring the moving of any parked motor vehicle. In the process of loading and unloading, no vehicle shall block the passage of other vehicles or extend into any public or private drive or street used for traffic circulation. All loading spaces shall be provided with safe and convenient access to a public road using an entrance of such dimensions and location including any tapers and turn lanes as required by the Virginia Department of Transportation.

12-7-8N
Loading space screening. No loading space shall be located closer than fifty (50) feet to an adjoining residential district unless enclosed within the building or by a wall or uniformly painted solid board fence at least eight (8) feet high. Landscaping shall be designed and used to screen adjoining property from storage and loading operation.

12-7-9
Residential driveway standards. To assure safe and convenient access for emergency vehicles to residential uses, required off-street parking spaces for single-family dwellings shall be served by a driveway with at least a gravel roadbed. Driveways shall provide vehicular access to a distance within one hundred (100) feet of the dwelling unit.

12-7-10
Reserved for future use.

12-7-11
Reserved for future use.

12-7-12
Reserved for future use.

12-7-13
Reserved for future use.

(Res. of 10-10-95; Ord. of 3-10-98)

12-8
Permanent mobile home parks.

The location of mobile home parks shall require in addition to the zoning permit and certificate of occupancy a Special Use Permit issued by the governing body. Owners and/or operators of such parks shall comply with the building code adopted by the State of Virginia.

(Ord. No. O2010-09, § 1, 9-14-10)

12-9
Fuel.

Liquified petroleum gas for cooking purposes shall not be used at individual mobile home or trailer spaces unless the containers are properly connected by copper or other suitable metallic tubing. Liquified petroleum gas cylinders containing liquified petroleum gas shall not be located in a mobile home or trailer, or within five (5) feet of a door thereof.

12-10
Temporary mobile home parks.

Special Use Permits for temporary mobile home parks may be issued by the governing body subject to the following conditions:

12-10-1
That the location of a temporary mobile home park is necessary for the housing of construction workers employed on an industrial or highway construction project, or in event of a disaster which requires temporary housing.

12-10-2
That the request is filed by or certified to by the industry or State Department of Highways as being essential to the construction.

12-10-3
That a minimum area of two thousand (2,000) square feet be provided for each space.

12-10-4
That sanitary facilities conform to the State Health Department's "Trailer Camp Sanitation" requirements.

12-10-5
That the period for operating such temporary park shall concur with the anticipated period of the construction or disaster recovery. Applications for renewal may be submitted if more time is required to complete the project. However, such renewal applications must be filed at least ninety (90) days prior to the expiration of the original temporary use permit.

12-10-6
Bond. The governing body, in granting such a Special Use Permit, shall require the posting of a bond to assure that the temporary trailer court will be removed and the site left in good order at the expiration of the permit.

12-10-7
The governing body shall establish such additional requirements as are in the best interest of the public.

(Ord. No. O2010-09, § 1, 9-14-10)

12-11
Signs.

12-11-1
Intent. The purpose of the following sign requirements is to promote and protect the public health, welfare, and safety by regulating existing and proposed outdoor advertising, and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, and enhance and protect the scenic and natural beauty of Nelson County. It is further intended to reduce sign or advertising distraction and obstructions that may be caused by signs overhanging or projecting over public right-of-way, provide
more open space, curb the deterioration of the natural environment and enhance community development.

12-11-2
General requirements.

12-11-3
Except as provided in Sections 12-11-21—12-11-31 below and in Section 33.1-351 through Section 33.1-370, Code of Virginia, 1950, as amended, no outdoor advertising sign, or structure shall be erected without a Zoning and Building Permit. Failure to adhere to the requirements of this ordinance automatically cancels such permit and said structure shall be removed forthwith.

12-11-4
For the purpose of computing sign area only one (1) side of a "V-type" or double-faced sign shall be considered.

12-11-5
Rooftop signs or rooftop sign structures shall not extend more than thirty (30) feet above the roof line. Rooftop signs or sign structures shall not extend beyond or overhang any exterior wall of the building upon which secured.

12-11-6
Certain advertisements or structures are prohibited. No advertisement or advertising structure shall be erected, maintained, or operated:

(a)

Within six hundred sixty (660) feet of nearest edge of the right-of-way of the Blue Ridge Parkway;

(b)

Within six hundred sixty (660) feet of any public cemetery, public park, public playground, national forest, and state forest;

(c)

Within fifteen (15) feet of the nearest edge of the pavement of any highway without the written findings from the Commissioner of the Virginia Department of Highways and Transportation, that the structure is anchored outside of the right-of-way and it does not constitute a safety hazard or conflict with any other restrictions contained in Section 33.1 of the Code of Virginia, 1950, as amended;

(d)

Which advertise activities which are illegal under state or federal laws or regulations.

12-11-7
No sign or sign structure shall be placed at any public road intersection in such manner as would obstruct the clear vision in either direction between a point on the centerline of the side road twenty (20) feet from the nearest edge of the pavement of the main road and points on the main road four hundred (400) feet distant, measured along the nearest edge of the pavement of the main road.

12-11-8
No sign or sign structure shall be placed at any grade intersection of a public road and a railroad in such manner as would obstruct the clear vision in either direction within triangular areas formed by: (a) a point at the center of the railroad-public road intersection; (b) a point on the public road four hundred (400) feet from the center of the railroad-public road intersection as measured along the center of the public road; and (c) a point on the railroad five hundred (500) feet from the center of the railroad-public road intersection as measured along the center of the railroad.

12-11-9
No sign or sign structure shall be placed at or near any curve in a road in such a manner as to obstruct the clear vision of traffic from any one (1) point on such curve to any other point not more than four hundred (400) feet apart, as measured between each point from the nearest edge of the pavement.

12-11-10
No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape.

12-11-11
No portion of any sign structure except official road markers, which shall adhere to the applicable state and local laws, shall be less than ten (10) feet above the level of an adjacent sidewalk or other pedestrian thoroughfare, no less than sixteen (16) feet above the level of an adjacent public driveway, alley or street.

12-11-12
All signs, whether permanent or temporary, shall comply with the applicable requirements of the Building Code.

12-11-13
In the event any sign is to be relocated, it shall be required that the owner of said sign obtain a new building permit.

12-11-14
All signs shall be subject to the setback requirements contained in Table 4, unless otherwise regulated by state or federal regulations.

12-11-15
All sign structures may be erected up to a height of thirty-five (35) feet, except in the business and industrial districts which may be erected up to a height of one hundred (100) feet.

12-11-16
All signs coming within the jurisdiction of state and federal laws along interstate highway and federal-aid primary highway systems shall conform to said laws in lieu of any other sign regulations in this ordinance.

12-11-17
All signs in existence at the time of the passage of this ordinance, which do not conform to this ordinance, shall be classified as nonconforming, but may be continued providing they are properly maintained during the life of such advertisement or advertising structure.

12-11-18
Informational signs of a public or quasi-public nature identifying or locating a town, planned community, hospital, community center, public building, or historic place situated in Nelson County, Virginia, and also signs identifying or locating a school, college, YMCA, YWCA, church or similar place of worship, board of trade, service club, soil conservation activity, 4-H Club, Isaac Walton League, Chamber of Commerce, or similar public or quasi-public activity for religious, civic, educational or cultural purpose, and signs drawing attention to public parking lots, rest rooms, or to other public convenience relating to such places or activities are permitted. Such signs shall not exceed an area of six (6) square feet, shall not be illuminated, shall contain no advertising matter, and shall be set back not less than five (5) feet from the fronting highway. Nothing contained herein shall be construed to limit the effect of Section 12-11-16.

12-11-19
Official notices or signs posted or displayed by or under the direction of any public or court officer in the performance of his official or directed duties, or by trustees under deeds of trust, deeds of assignment or other similar instruments. Such signs shall not exceed an area of two (2) square feet, shall not be illuminated and shall contain no advertising matter, other than that which may be required by law.

12-11-20
Permissible signs in all districts. The following signs are allowed in all districts and shall be exempt from permit requirements (12-11-21—12-11-31):

12-11-21
Real estate signs advertising sale, rental, or lease of the land or building upon which signs are located, provided that:

a.

In residential districts, real estate signs shall not be in excess of six (6) square feet;

b.

In business districts, there shall be no sign in excess of thirty-two (32) square feet and no more than three (3) such signs on any single lot;

c.

In industrial districts, there shall be no sign in excess of ninety (90) square feet and no more than three (3) such signs on any single lot;

12-11-22
Where multifamily dwellings are a permitted use, one (1) sign for identifying multifamily dwellings of more than four (4) units, provided that such sign shall be located only on the premises of the multifamily dwellings, shall not exceed one hundred (100) square feet in area, shall indicate nothing other than the name and/or address of the premises and the name of the management, and may be illuminated;

12-11-23
Directional signs for parks and playgrounds and other permitted nonresidential uses, provided that such signs shall not exceed four (4) square feet in area;

12-11-24
Professional nameplates not exceeding two (2) square feet in area; such signs to be nonilluminated;

12-11-25
One (1) sign or bulletin board indicating the name of the institution or civic association not exceeding ten (10) square feet in area on premises of public or semipublic facilities;

12-11-26
Signs located on the premises relating to active construction projects;

12-11-27
Memorial signs or tablets, including names of buildings and date of erection when cut into masonry, bronze, or other materials;

12-11-28
Traffic or other public signs or notices posted or erected by or at the direction of a governmental agency;

12-11-29
Customary signs, in conjunction with residential usage, including mailbox lettering, names of residents, house number, names of farms and estates, and other similar usage not exceeding ten (10) square feet;

12-11-30
One (1) subdivision identification sign at the main entrance or entrances to the subdivision provided that such sign shall not exceed one hundred (100) square feet, may be illuminated, shall be so designed as to be in the public interest, and shall make no reference to the sale or lease of the lots or houses located within said identified subdivision;

12-11-31
Temporary signs, including political advertisements:

a.

Not allowed longer than sixty (60) days; and

b.

Shall be removed by sign owner within five (5) days after the date of the event or activity to which the sign makes reference, or if he fails to do so, by the Zoning Administrator at the owner's expense, five (5) days following registered notification of the owner.

12-11-32
Permitted signs in all districts. Table 4 identifies the signs which are permittable in all districts, without a public hearing.

12-11-33
Signs as conditional uses. The following signs may be permitted as conditional or special uses:

12-11-34
Signs related to conditional or special uses. Except as hereinafter provided, signs relating to buildings and uses permitted conditionally or by special use permit, will be in accordance with signs as permitted in the district in which the use is permitted.

12-11-35
Signs prohibited in all districts. The following signs are prohibited in all districts:

12-11-36
Any sign which uses the word "stop" or "danger" prominently displayed or which is a copy or imitation of official traffic-control signs;

12-11-37
Any sign which involves motion or rotation of any part of the structure or displays an intermittent light or lights within one hundred (100) feet of the nearest edge of the pavement of any highway; provided, however, that the prohibition of this subsection shall not apply to moving or rotating parts of structures, or to displays of intermittent lights, when such structures or displays are located along highways in this State, except the interstate system, and when the moving or rotating parts of such structures, or such displays, convey solely public service information. Public service information shall include all or any of the following information: date, time, temperature, weather, and other similar information; and shall specifically exclude any advertisement as defined in Section 33.1-351 of the Code of Virginia, 1950 as amended;

12-11-38
Any sign which is mobile and is designed to and effectively does distract the attention of passing motorists on any highways by flashing lights, loud and blatant noises, or movable objects;

12-11-39
Any sign which involves red, green, or amber lights or reflectorized material and which resemble traffic signal lights or traffic-control signs and are within visible distance of any highway.

12-11-40
Maintenance and removal of signs.

12-11-41
All signs and sign structures shall be kept in repair and in proper state of preservation by the landowner. All signs must adhere to the provisions of the Building Code;

12-11-42
Signs which are no longer functional, or are abandoned, shall be repaired, removed, or relocated at the landowner's expense in compliance with the provisions of this ordinance within thirty (30) days following dysfunction.

TABLE 4

PERMITTED SIGNS
NELSON COUNTY

  Type of
Sign/District
Conservation
C-1
Agricultural
A-1
Residential
R-1 & R-2
Business
B-1
Industrial
M-1 & M-2
Setback
Requirements
General Advertising 50 sq. ft.
unlighted
none 60 sq. ft. 100 sq. ft. 25 ft.
Location 35 sq. ft. 150 sq. ft. see 12-11-22,
12-11-29 and
12-11-30
150 sq. ft. 150 sq. ft. 25 ft.
Directional  2 sq. ft.   2 sq. ft.  2 sq. ft.   2 sq. ft.  25 sq. ft.  5 ft.
Business  50 sq. ft. property
(sell or rent)
 6 sq. ft.
churches
50 sq. ft.
150 sq. ft.
1 sign less
than 5 ft.
beyond
building
 60 sq. ft.
less than
5 ft.
beyond
building
 5 ft.
Home Occupation  2 sq. ft.   2 sq. ft.  2 sq. ft.   2 sq. ft.   2 sq. ft.  5 ft.
Professional
Nameplate
 2 sq. ft.   2 sq. ft.  2 sq. ft.   2 sq. ft.   2 sq. ft.  5 ft.
Temporary 32 sq. ft.  32 sq. ft. 32 sq. ft.  32 sq. ft.  32 sq. ft.  5 ft

 

12-12
Electrical hookup for manufactured home, mobile home, recreational vehicle, or travel trailer. It shall be unlawful for any electric company or cooperative to furnish electric service for any manufactured home, mobile home, recreational vehicle, or travel trailer, as the term applies, unless the owner produces a zoning permit issued by the Zoning Administrator of Nelson County authorizing the placing of the manufactured home, mobile home, recreational vehicle, or travel trailer at the location where said electric service is to be installed, which permit number may be checked against the records of Zoning Administrator for the purpose of ascertaining the validity of the permit.

It shall be the duty of the owner to display in a prominent and visible place a good and valid zoning permit at all times after requesting installation of electric service and until such services have been installed.

It shall be unlawful for any person to provide electrical services to a manufactured home, mobile home, recreational vehicle, or travel trailer in Nelson County when the manufactured home, mobile home, recreational vehicle, or travel trailer is to be used and/or equipped as a dwelling or residence unless the lessee or owner produces a valid zoning permit.

(Ord. No. O2010-01, § 1, 1-12-10)

12-13
Reserved for future use.

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