Planning: Zoning Interpretations

Zoning Interpretations

August 27, 2007

Mr. Fred Boger
Planning Director
Post Office Box 558
Lovingston, Virginia 22949

Dear Fred:

    You have asked for an interpretation of the meaning of “septic tank” as used in Zoning Ordinance Section 4-11-1.

    Section 4-11-1 allows the Zoning Administrator to approve:

        Temporary placement of a travel trailer not to
        exceed three (3) years and temporary occupancy
        not to exceed thirty (30) consecutive days at any
        one time. A zoning permit will not be issued until
        a septic tank has been installed.

    While the Zoning Ordinance does not define “septic tank,” the Virginia Administrative Code, as you have observed, does:

        “Septic tank” is a water-tight covered receptacle designed
        to receive or process, through liquid separation or biological
        digestion, the sewage discharge from a building sewer. The
        effluent from such receptacle is distributed for disposal through
        the soil and settled solids and scum from the tank are pumped
        out periodically and hauled to a treatment facility.

9 VAC 25-580-10.

    Regarding septic tank design, the Administrative Code requires a minimum capacity of 750 gallons and a “minimum hydraulic detention time… [of] 48 hours based on daily design flow.”

    The Virginia Code does not define “septic tank,” however the following definition is instructive:

        “Conventional onsite sewage system” means a treatment
        works consisting of one or more septic tanks with gravity,
        pumped, or siphoned conveyance to a gravity distributed
        subsurface drain field.”

Va. Code § 32.1-163.

    The foregoing section also provides definitions for alternative systems:

        “Alternative discharging sewage system” means any device
        or system which results in a point source discharge of
        treated sewage…..

        “Alternative onsite sewage system” or “alternative
        onsite system” means a treatment works that is not
        a conventional onsite system and does not result in
        a point source discharge.

    Thus, a travel trailer holding tank is not a “septic tank.” Moreover, Zoning Ordinance § 4-11-1 does not provide for an alternative to the septic tank requirement.
I can draw no other conclusion but that the Board of Supervisors meant to require a traditional septic tank by the enactment of Section 4-11-1. If alternatives are to be acceptable, then an amendment by the Board of Supervisors is necessary.

                            Very truly yours,

                            Phillip D. Payne, IV
                            County Attorney

PDP,IV/wjc

December 27, 2006

Mr. Chris Allwood
Virginia Distillery Company
5818 27th Street North
Arlington, Virginia 22207

RE: Blue Ridge Distillery

Dear Mr. Allwood:

I would like to thank you for meeting with me last month to discuss the proposed Blue Ridge Distillery venture in Nelson County. As a result of this meeting, you have requested an interpretation as to whether the Distillery can be located in an Agricultural A-1 District by right.

My understanding is that the proposed venture will involve the following:

•    A distillery facility.
•    Some of the crops used in the process will be grown on site, including fruit trees with the berries being used in making a liqueur.
•    The property will have a pasture for Highland cattle.
•    Two of the by-products of the distilling process can be used for soil nutrients and cattle feed.
•    Accessory uses to the distillery will be an area for use by local orchards to process apple cider.
•    Nature trails, if possible, will part of your plan for the use of the property.

I have discussed your plan with the County Administrator and County Attorney and have concluded that as proposed, your venture would qualify as an agricultural business and is permitted by right in the A-1 District as long as it is developed as described above. I would point out that if a restaurant is proposed later on, a Conditional Use Permit will be required for this use.

In additional to the above comments, I would like to advise you that a site plan and erosion control plan will be required for this use before any permits can be approved to start construction

Finally, I must advise you that my interpretation for your venture can be appealed by any aggrieved citizen within thirty (30) days from the date of this letter. If an appeal is not made within this time period, then my decision becomes final and unappealable.

If I can be of further assistance, please feel free to call me.

Sincerely,


Fred M. Boger, CZA
Planning Director

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December 27, 2006

Mrs. Genevieve J. DelFosse
Deer Rock Importing and Distributing, LLC
5229 Chappewa Place
Alexandria VA 22312

Dear Mrs. DelFosse:

Thank you for your letter of November 7 and I apologize for the delay in responding.

Based on the information stated in your letter, it is my opinion that the proposed distributorship by Deer Rock Importing and Distributing, LLC in Nelson County complies with the definition of “Agricultural” (Section 2-5) of the Nelson County Zoning Ordinance and is a use permitted by right in the Agricultural, A-1 District.

We have supported the establishment of wineries in the County which have become a major tourist attraction and an important part of our local economy. We will continue this support.

Since this is a written opinion, I am required to advise you that any aggrieved citizen has the right to appeal this decision within thirty (30) days from the date of this letter. If an appeal is not made within this time period, my decision becomes final and unappealable.

If I can be of further assistance, please feel free to call me.

Sincerely,

Fred M. Boger
Planning Director

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August 4, 2006

Ms. Joan Kelly
602 Willis Lane
Lovingston, Virginia 22949

RE: 2651 Arrington Road

Dear Ms. Kelly:

The purpose of this letter is to follow-up our conversation concerning the property at 2651 Arrington Road and the possibility of using it for a residential group home.

The subject property is presently zoned Industry, M-1 and is considered to be a nonconforming building and use. The reason for this designation is that the building is design for residential use and it is being used as a two family residence and is not listed as one of the permitted uses in this Industrial District. According to §11-1-3 of the Nelson County Zoning Ordinance, the use of this building for residential purposes can continue indefinitely provided the use is not discontinued for a period exceeding two (2) years. If this should happen the use of the building must conform to the requirements of the M-1 District.

The second part of our conversation dealt with the possibility of using this building for a group home. It is my opinion that if the propose group home can comply with the provisions of §15.2-2291 of the Code of Virginia, then the building can be used as a residential group home because the building would be occupied by a single family as defined by this section of the Code. (Copy enclosed)
Since this letter is a written interpretation of the zoning ordinance, I am required to advise you that any citizen has the right to appeal my interpretation to the Nelson County Board of Zoning Appeals within thirty (30) days from the date of this letter. If an appeal is not made within this time period, then my decision becomes final and unappealable.

I hope this brief letter provides you with the information requested and if additional information is required, please call me. I will be happy to provide you the additional information.

Sincerely,


Fred M. Boger
Planning Director

June 30, 2006

Mr. Geoff Stelling, President
Stelling Banjo Works, Ltd.
7258 Banjo Lane
Afton, Virginia 22920

Re: Zoning Compliance – Tuckahoe Antique Mall

Dear Mr. Stelling:

First I would like to thank for allowing me to visit your shop on July 29th and discuss in detail your business operation. Based on this meeting and the information you have provided me in your letter dated June 29, 2006, it is my opinion that your business, Stelling Banjo Works, will comply with Section 8-1-2 of Article 8, Business District, B-1 of the Nelson County Zoning Ordinance. This interpretation is based on the fact that your business is a processing and wholesale activity (a series of operations performed in the making or treatment of a product).

The Tuckahoe Antique Mall located at 4202 Rockfish Valley Highway is zoned Business, B-1, and it is also my opinion that your business can be located in the basement of this building as proposed.

In addition to the above comments, I recommend that you contact Mr. Mark Bolt, Building Official, at (434) 263-7080 to determine what building code requirements, if any, will need to be met before relocating your business to this building.

Again, thank you for meeting with me and if I can be of further assistance, please feel free to call me.

Sincerely,

Fred M. Boger
Zoning Administrator

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Copy to: Connie Brennan, Board of Supervisors

April 12, 2006

Mr. Mike Woolard
Blue Ridge Vitis, LLC (Common Wealth Wines)
1620 Mulberry Ave.
Charlottesville, Virginia 22903

Dear Mr. Woolard:

Thank you for your April 10, 2006 letter in which you requested information on the following:
Establishing a wine distributorship in Nelson County.
Leasing existing warehouse space from Cardinal Point Winery in Nelson County.
The position of my office on the proposal.

My understanding of your proposed business is that you wish to start a wine distributorship in Nelson County to help local wineries distribute their products in accordance with State Regulations. In most cases, a distributorship of products and merchandise requires either a business or an industrial zoning classification. However, I find your proposal is different from the traditional distributorship because it is associated with active farming operations in the County. Therefore, it is my opinion that the proposed distributorship at Cardinal Point Winery in Nelson complies with the definition of “Agricultural” (Section 2-5) of the Nelson County Zoning Ordinance and is a use permitted by right in the Agricultural, A-1 District.

I understand the recent problems confronting the small wineries in distributing their products. We have supported the establishment of wineries in the County which have become a major tourist attraction and an important part of our local economy. We will continue this support and I am happy that a way was found to support your efforts in establishing an agri-business to distribute our local wines.

Since this is a written opinion, I am required to advise you that any aggrieved citizen has the right to appeal this decision within thirty days from the date of this letter. If an appeal is not made within this time period, my decision becomes final and unappealable.

If I can be of further assistance, please feel free to call me.

Sincerely,

Fred M. Boger
Planning Director

FMB/bf

Zoning Interpretation – Blue Mountain Brewery
March 27, 2006

Mr. S. Taylor Smack
Blue Mountain Brewery
1004 Rugby Road
Charlottesville, Virginia 2290

RE: Blue Mountain Brewery

Dear Mr. Smack:

If you are operating an agricultural business on land zoned Agricultural, A-1, and residing on the premises, then the brewery can be considered an accessory use to the agricultural business. Products used in the production of the final product should be grown on the farm. As with wineries, we realize it may become necessary to purchase additional ingredients from other sources to achieve the volume of ales and lagers.

The one concern I have with your proposed operation is the hours of operation. Being open until 9 P. M. on Sundays appears a little excessive and may not be appropriate for a rural county. If you were operating a full-service restaurant, then the hours would be appropriate for that type of business.

Since this is a written opinion, I am required to advise you that any aggrieved citizen has the right to appeal this decision within thirty days from the date of this letter. If an appeal is not made within this time period, my decision becomes final and unappealable.

A copy of this letter will be posted on the Nelson County web page to inform citizens of this interpretation.

If you have any questions regarding this letter, please feel free to call me.

Sincerely,
Fred M. Boger
Zoning Administrator

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Zoning Interpretation – Faber Fire Department Renovation
March 23, 2006

Mr. James C. Mehring
244 Cove Valley Lane
Faber, Virginia 22938

RE: Faber Fire Department Renovation

Dear Mr. Mehring:

I enjoyed meeting with you and the other representatives from the Faber Fire Department to discuss the renovation of the fire station building.

It is my understanding that an existing addition on the main building was recently removed and now the Fire Department would like to construct a new bay on the same side of the building where the addition was located.

I have reviewed Zoning Ordinance Sections 11-4, Expansion or enlargement, and 11-6, Restoration or replacement and find the proposed work can be constructed under the following conditions:

1.    The proposed addition cannot go beyond the setback line of the original building. This shouldn’t be a problem since the new bay would not extend out from the main building as far the original structure did.
2.    Construction of the new bay will have to start within twelve months from the date of this letter and completed within twenty-four months.
3.    A revised site plan will be required showing the existing building, the new addition, setbacks, entrances and parking areas.
4.    An Erosion and Sediment Control Plan will be required if more than 10,000 square feet of land is disturbed. However, you can verify this with the Building Inspections Department.

Since this letter is an interpretation of Article 11, Nonconforming Uses, of the Nelson County Zoning Ordinance, it will be posted on the County’s Web Page. If there is disagreement with my interpretation, you or any aggrieved citizen will have the right to appeal my decision to the Nelson County Board of Zoning Appeals within thirty (30) days from the date of this letter. If an appeal is not made within this time period, then my interpretation becomes final and unappealable.

Sincerely,
Fred M. Boger
Zoning Administrator

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