Details for Notice of Public Hearing
LEGAL NOTICE NOTICE OF PUBLIC HEARING In accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950, as amended, public necessity, convenience, general welfare and good zoning practices so requiring, and pursuant to §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and §15.2-4307, the Nelson County Planning Commission hereby gives notice that a Public Hearing will start at 7:00 p.m., Wednesday, January 27th at the General District Courtroom on the third floor of the Nelson County Courthouse located at 84 Courthouse Square, Lovingston, for the following: NOTICE: In alignment with current COVID-19 guidelines, and to guard the health and safety of all meeting attendees, social distancing and the wearing of face masks will be required in the courtroom. If you do not have a mask, one will be provided for you. Should current guidance change prior to the date of the meeting, the guidelines in place at the time will be adhered to. If you are not able to attend the meeting due to COVID-19 precautions or restrictions, comments may be submitted (1) electronically, or (2) in writing, and will be accepted until 12:00 pm on January 27th, 2021. (1) Electronically: email@example.com or dbishop@nelsoncounty .org (2) In Writing: Dept. of Planning & Zoning, P.O. Box 558, Lovingston, VA 22949 Public Hearings 1. Communication Tower #149 Class C Consideration of a Verizon Communication Tower application requesting County approval to allow a new 154' monopole on property zoned A-1. The subject properties are located at Tax Map Parcel #55-A-14 and 55-A-14A at 499 Jonesboro Rd. The subject properties are owned by Robert Brent, Myra Brent-McGarry, and Susanne Jamerson. 2. Amendment #2020-03 to Nelson County Zoning Ordinance, Article 11. Nonconforming Uses Consideration of proposed amendment to Zoning Ordinance Article 11. Nonconforming Uses, to rename as Article 11. Nonconforming Uses, Structures, & Lots, including a rewrite and restructuring. A summary of the amended ordinance follows: 11-1-1 contains a statement of intent that nonconformities are inconsistent with the character of the districts in which they occur. 11-1-2 Nonconforming Lots. Changes added addressing individual water supply or sewage disposal, or both, requiring approval by the Health Department. 11-1-3 Nonconforming Structures. Permits nonconforming structures' use only (i) so long as the then existing or a permitted more restricted use continues and such use is not discontinued for more than two years and (ii) so long as the buildings or structures are maintained in their then structural condition. If use is discontinued for more than two years, then the building or structure may be used only (i) so long as a permitted more restricted use continues and (ii) so long as the buildings or structures are maintained in their then structural condition. Enlargement which increases or extends its nonconformity prohibited. Nonconforming structures which are moved must conform to the regulations of the zoning district to which it is moved. Provision made for structures constructed in accordance with a building permit for which a certificate of occupancy or a use permit therefor issued, for when the owner of structure has paid taxes to the County for such building or structure for a period of more than the previous 15 years, and where certain County authorizations are obtained. Provision is also made for repair of nonconforming structures due to an act of God and for replacement of existing on-site sewage system and for replacement of certain manufactured homes in a mobile home park. A property owner shall have the right to seek a variance in order to bring a nonconforming structure or building into compliance. 11-1-4 Nonconforming Uses. Lawful use of land existing at the time of enactment of the Zoning Ordinance or any amendment permitted under the ordinance may continue, as long as it remains otherwise lawful, subject to the following provisions: Cannot be expanded or enlarged in any way that increases its nonconformity. If use ceases for a period of more than two years, any subsequent use shall conform in all respects to the zoning district in which the land is located. No additional structures not conforming to this ordinance shall be constructed in connection with such nonconforming use. Provision made for certain instances where a business license is issued by the County permitting the holder to apply for a rezoning or a special use permit without charge by the County. Provision made for an extension when a use is discontinued. Residential occupancy of a single-family dwelling is the most restrictive use when determining level of intensity. Provision made for changes in district boundaries. 3. New Ordinance #2020-04 to Nelson County Zoning Ordinance, Article 22A. Solar Energy Consideration of new ordinance addition to Zoning Ordinance Article 22A. Solar Energy, to establish procedures, regulations, and requirements for Small and Large Solar Energy Systems applying to locate within Nelson County. A summary of the proposed ordinance follows: Defines a small solar energy system as one occupying less than one acre of total land area and a large solar energy system as one occupying one acre or more of total land area. General provisions address safety and design, construction and installation, compliance with noise control ordinances and an ocular impact study when required by the FAA impact. Bonding required for costs to completely remove the entire solar energy system plus twenty-five percent (25%) of said estimated costs as a reasonable allowance for administrative costs, inflation, and potential damage to existing roads or utilities. A bond, irrevocable Letter of Credit, or other appropriate surety required secure the cost of removing the system and restoring the site to its original condition to the extent reasonably possible which must include a mechanism for a Cost of Living Adjustment after ten (10) and fifteen (15) years. A decommissioning plan is required. Provision made for notice to the County of the proposed date of abandonment or discontinuation of operations, time-frame for removal, standards for removal and restoration of the property and for abandonment. A zoning permit issued pursuant to this article shall expire if the solar energy system is not installed and functioning within 24 months from the date this permit is issued. Small solar energy system shall be permitted by-right in A-1, B-1, B-2, M-1, and M-2, and by Special Use Permit in C-1 subject to certain requirements. Provision made for setbacks, height restrictions, and compliance with applicable law. No signs or advertising of any type may be placed on the small solar energy system unless required by law. Building Code compliance certification required. Glare mitigation requirements established. Requirements and procedure for a zoning permit application. Large solar energy systems shall be permitted by a Special Use Permit in A-1, C-1, M-1, B-1, and B-2, and by-right in M-2, provided that the primary use of the system is electrical generation to be sold to the wholesale electricity markets and not used primarily for the onsite consumption of energy by a dwelling or commercial building. A Major Site Plan is required which must also include a project description and supporting information. Provision made for visual impacts, height restrictions, signage, setbacks, and vegetative buffering. Review by the Planning Commission to forward the applications to the Board of Supervisors with a recommendation for approval; a recommendation for approval with recommended conditions; or a recommendation for denial for action by the Board. The full text of the proposed amendments is available for public inspection at the Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 8:00 a.m. to 4:00 p.m. Telephone inquiries may also be directed to the Dept. of Planning & Zoning, (434) 263-7090, or toll free at 888-662-9400, selections 4 and 1. Nelson County does not discriminate on the basis of handicapped status in admission or access to its programs and activities. Accommodation will be made for handicapped persons upon advance request.