Nelson zoning update process nearing public open house stage

The Nelson County Board of Supervisors and the Nelson County Planning Commission have held joint work sessions on numerous occasions more than a year after the kickoff presentation from Berkley Group, the county’s consultant, in August 2024. The next work session is scheduled for July 15, at which time both bodies are expected to discuss revised changes before unveiling the proposed ordinance to the public in August.

After the open house planned for next month, another work session is targeted for September. The planning commission is anticipated to hold its public hearing in October and the board may hold its public hearing as soon as November, according to a timeline both public bodies recently reviewed.

County leaders gave comments on zoning changes at the most recent early June work session, one of which states smaller lot sizes are more appropriate in designated growth areas where services and infrastructure already exist. Another remark stated larger continuous tracts of farm and forest land should be maintained and family divisions must be accommodated reasonably.

The two bodies also have spent much time discussing sliding scale zoning, a method that bases the number of residential lots permitted on the size of the parent parcel. As the size of the parcel increases, the number of dwellings allowed in relation to the total area decreases; in this approach, the maximum lot size is specified to increase the area available for agricultural production and minimize the area devoted to residential purposes.

Jessica Ligon, the board’s chair, has said she thinks sliding scale zoning is hard for county planning and zoning department staff to keep up with.

The two bodies have extensively discussed minimum lot sizes in agricultural, A-1, areas and family subdivision regulations for large tracts of land. County leaders also have discussed what works with the slide scale practice.

No discussion point so far during the many combined hours of discussion is final, but both bodies have tried to ensure no zoning stone is left unturned in the thorough review. For example, at the June work session, a slide on land uses addressed “utility service major” and considered some changes from by right to special use permit, a process that opens zoning application requests to review and hearings by the commission and board of supervisors.

The utility services major use is for electric facilities and substations, wastewater treatment plants, towers, landfills, waste recycling and collection centers and similar centers: they are not for data centers, a hot-button topic in Virginia of late; battery energy storage facilities or any wind and solar energy generation uses, the draft language in the slide reads.

A major theme of the talks is lining up zoning changes with the intent of the county’s recently updated comprehensive plan, a guide for growth and development, and striving for decisions that are friendly to businesses and county residents while protecting the county’s rural character. County officials also have talked about infrastructure and directing certain development toward U.S. 29 and where utility services are more available.

Much of the county’s tourism-driven revenue is from the Virginia 151 corridor. The proposed regulations include corridor overlay districts for the majority of U.S. 29 and a large portion of Virginia 151.

On the topic of agricultural uses, one comment from officials at the June work session said: “We should proactively rezone areas where the A-1 intent and by right uses are in conflict. The rezoning will happen with a map amendment.”

Another comment emphasized “true ag uses” that preserve and protect character and states the biggest challenge is too many by-right uses in A-1 areas that go against the intent of the district.

“A-1 residential development is not the problem; conflict between uses is,” the remark displayed at the recent work session said. “The conflict between the residents and the non-ag, commercial uses cases is making it difficult for the County to manage development in the locations and corridors where we encourage those use cases.”

For more information on the zoning and subdivision ordinance update, visit https://www.nelson2042.com.